Patna High Court
Abhisekh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner, subject to bond and conditions, as the evidence against him was limited to a confessional statement and he possessed a clean antecedent.
Summary
The petitioner, Abhisekh Kumar, applied for bail in a case (Piro PS Case No. 214 of 2025) where he is accused under Section 309(4) of the B.N.S.S. for allegedly snatching Rs. 17,000. He has been in custody since 15 January 2026. The petitioner claims he has a clean antecedent and that the FIR is false, asserting that his name was implicated only through the confessional statement of a co-accused and no other material links him to the crime. The State opposed bail. The court, noting the lack of substantive evidence beyond the confessional statement and the petitioner's clean record, ordered his release on bail with a bond of Rs. 10,000 and two sureties, subject to conditions of cooperation, appearance, and non‑tampering with evidence.
Issues considered
- Whether bail should be granted when the accusation rests solely on a co‑accused's confessional statement and the petitioner has a clean antecedent
- Whether the provisions of Section 309(4) of the B.N.S.S. preclude bail in the present circumstances
Legislation cited
- B.N.S.S. — s. 309(4)
Subjects
- bail
- confessional statement
- clean antecedent
- Section 309(4)
- criminal procedure
- evidence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15330 of 2026
Arising Out of PS. Case No.-214 Year-2025 Thana- PIRO District- Bhojpur
======================================================
Abhisekh Kumar S/o Surendra Singh Resident of Village- Gosaldih, P.S.-
Suraypur, District- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar Yadav, Advocate
For the Opposite Party/s : Mr. Md. Fahimuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 11-03-2026 Heard Mr. Sunil Kumar Yadav, learned counsel for
the petitioner and Mr. Md. Fahimuddin, learned APP for the
State.
2. Petitioner seeks bail, who is in custody since
15.01.2026 in connection with Piro P.S. Case No. 214 of 2025,
F.I.R. dated 13.07.2025 for the offences punishable under
Section 309(4) of the B.N.S.S.
3. Allegation against the petitioner is that he along
with other accused persons are alleged to have snatched Rs.
17,000/- cash from the informant.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. The allegation as alleged in the
Patna High Court CR. MISC. No.15330 of 2026(2) dt.11-03-2026
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FIR is false and fabricated and the petitioner has not committed
any offence as alleged in the FIR. The petitioner is not named in
the FIR. His name has been transpired during investigation on
the basis of confessional statement of co-accused person,
namely, Abhishek Kumar, son of Buddhan Singh and Buddhan
Singh stated in his confessional statement that he has purchased
the mobile in question from the petitioner and except the
confessional statement, no other cogent material has come
during investigation to show the involvement of petitioner in the
present occurrence. He further submits that the petitioner is in
judicial custody since 15.01.2026.
5. Learned APP for the State has vehemently opposed
the prayer for bail.
6. Considering the aforesaid facts and circumstances
and also the fact that the petitioner has clean antecedent and the
name of petitioner transpired on the basis of confessional
statement, let the petitioner, above named, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
A.C.J.M., Bhojpur, Ara in connection with Piro P.S. Case No.
214 of 2025, with the following conditions:
i. Petitioner shall co-operate in the trial and shall be
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properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ranjeet/-
U T
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