Patna High Court

Wasim @ Wasim AkhtarversusThe State of Bihar

Decided: 29 April 2026
Disposal: BAIL GRANTED
Bench: ANSHUMAN

Holding

Bail was granted to the petitioner subject to a bond and conditions under the Bharatiya Nagrik Suraksha Sanhita, 2023.

Summary

The petitioner, Wasim Akhtar, was implicated in a FIR for offences under sections 103(1), 238 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, based solely on a confessional statement by another accused, Binod Baitha, which alleged that the petitioner was present in a gym where a assault occurred. No direct allegation or independent evidence linked the petitioner to the crime. The petitioner sought bail, arguing innocence and lack of corroborative material, while the State opposed bail, citing the confessor's suspicion that seven persons, including the petitioner, were present. The Court examined the evidentiary record and found that the confessional statement alone, without corroboration, was insufficient to justify continued detention. Consequently, the Court ordered the petitioner’s release on bail, subject to a bond of ₹30,000 and conditions under the Bharatiya Nagrik Suraksha Sanhita, 2023.

Issues considered

Whether the petitioner is entitled to bail despite being named in a confessional statement without corroborative evidence.

Legislation cited

Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 2(1)(d), 482(2)
Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 238, 3(5)

Subjects

bail
confessional statement
insufficient evidence
criminal procedure
Bharatiya Nyaya Sanhita
Bharatiya Nagrik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12877 of 2026
                    Arising Out of PS. Case No.-141 Year-2025 Thana- SIKTA District- West Champaran
                 ======================================================
                 Wasim @ Wasim Akhtar S/o Asaraf Miyan R/o Village- Sirisiya, Police
                 station- Sikta, District- West Champaran

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Brij Kishor Mishra, Advocate
                 For the Opposite Party/s :       Mr.Shaheen Begum, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

4   29-04-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner who apprehends arrest in connection

                   with Sikta P.S. Case No. 141 of 2025 lodged on 13.10.2025, for

                   the offences punishable under sections 103(1), 238, 3(5) of the

                   Bharatiya Nyaya Sanhita, 2023.

                                 3. As per the F.I.R., suspicion has been raised by the

                   father of the deceased against four named accused persons on

                   the basis of information received by him that his son had been

                   killed and his dead body was kept in Sirisiya High School. The

                   informant has expressed suspicion against certain co-villagers;

                   however, no allegation has been made against the present

                   petitioner.

                                 3. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.12877 of 2026(4) dt.29-04-2026
                                            2/3




          petitioner is innocent and has committed no offence. It is

          contended that the name of the petitioner has surfaced only on

          the basis of the confessional statement of one Binod Baitha,

          who has stated that at the gym of Motilal Mahto, other accused

          persons were present and all of them assaulted a person who had

          been apprehended on suspicion of theft and kept in the gym. It

          is further submitted that apart from the said confessional

          statement, there is no material against the petitioner, and the

          same is not corroborated by any independent evidence.

                       4. Learned A.P.P. for the State opposes the prayer for

          bail and, upon perusal of the case diary, submits that although

          there is no specific allegation against the petitioner in the

          confessional statement, suspicion has been raised by the

          confessor indicating that seven persons, including the present

          petitioner, were present in the gym at the relevant time.

                       6. In the facts and circumstances, let the above named

          petitioner be released on bail, in the event of arrest or surrender

          before the Trial Court within a period of four weeks from today,

          on furnishing bail bond of ₹30000/- (thirty thousand) as

          mentioned in Section 2(1) (d) of the Bharatiya Nagrik Suraksha

          Sanhita, 2023 to the satisfaction of the learned Judicial

          Magistrate 1st Class, Bettiah, West Champaran, in connection
            Patna High Court CR. MISC. No.12877 of 2026(4) dt.29-04-2026
                                                        3/3




                      with the aforementioned case, subject to the conditions as laid

                      down under Section 482(2) of the Bharatiya Nagrik Suraksha

                      Sanhita, 2023.



                                                  (Dr. Anshuman, J)
Ashwini/-

U      T

Continue reading with your account

Checking your session…