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Patna High Court

Abhisekh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
            Patna High Court CR. MISC. No.15330 of 2026(2) dt.11-03-2026
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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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