Patna High Court
Asgar Sah @ Aaskar Kumar @ Askar Kumar GuptaversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court held that the petitioner’s confession and the seriousness of the offences preclude the grant of regular bail.
Summary
The petitioner, Asgar Sah, was charged in a murder case involving the killing of Suraj Kumar and the theft of valuables, with offences under Sections 309(6), 103, 61(2), 3(5) of the BNS and Section 27 of the Arms Act. He applied for regular bail, claiming innocence and alleging that his name appeared only in a co‑accused’s confessional statement. The prosecution countered that the petitioner’s own confession and his prior excise convictions demonstrated guilt. The court examined whether the presence of a confession and the seriousness of the charges justified denial of bail. Concluding that the petitioner did not merit the privilege of bail, the judge rejected the bail application.
Issues considered
- Whether regular bail can be granted to an accused who has confessed to the crime and is implicated in a co‑accused’s confessional statement
- Whether prior criminal antecedents affect the grant of bail in a murder and arms‑related case
Legislation cited
Subjects
- bail
- confessional statement
- murder
- Arms Act
- criminal antecedents
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14912 of 2025
Arising Out of PS. Case No.-1 Year-2024 Thana- BADDI District- Rohtas
======================================================
Asgar Sah @ Aaskar Kumar @ Askar Kumar Gupta Son of Sunil Sah @ Sunil
Kumar Sah Resident of Village- Alampur, P.S.- Baddi, Distt.- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nagendra Upadhyay
For the Opposite Party/s : Mr.Dr.Mrityunjaya Kr.Gautam
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
8 06-01-2026 Heard the learned counsel for the petitioner as well
as the learned Additional Public Prosecutor for the State.
2. The petitioner is seeking regular bail in connection
with Baddi P.S. Case No. 01 of 2024, registered for the offences
punishable under Sections 309(6), 103, 61(2), 3(5) of the BNS
and Section 27 of the Arms Act.
3. As per allegation, on 22.08.2024 at about 07:15
P.M., the son of the informant, namely Suraj Kumar @ Suraj
Soni, after locking his shop situated at Alampur, was returning
to his village. It is alleged that near a small Bajrangabli temple
situated between Baddi Village Mor and Kala Shahar Mor,
three unknown accused persons assaulted and murdered him. It
is further alleged that the accused persons looted 150 grams of
gold, 7 kilograms of silver and cash of Rs. 20,000/- kept in the
Patna High Court CR. MISC. No.14912 of 2025(8) dt.06-01-2026
2/2
bag of the deceased.
4. The learned counsel for the petitioner has submitted
that the petitioner is innocent and has been falsely implicated in
the present case. His name has figured in the confessional
statement of the co-accused, Suresh Prasad @ Suresh Prasad
Chaurasiya.
5. On the other hand, the learned APP for the State has
opposed the prayer for bail and submitted that the name of the
petitioner has not only figured in the confessional statement of
co-accused Suresh Prasad @ Suresh Prasad Chaurasiya but the
petitioner himself has confessed his guilt. He has further
submitted that the petitioner has two criminal antecedents of
Excise case.
6. According to confessional statement, the petitioner
is the person, who get identified the deceased to the contract
killers.
7. In my view, the petitioner does not deserve the
privilege of bail, which is hereby rejected.
(Nawneet Kumar Pandey, J)
Nirmal/-
U T
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