Patna High Court
AKASH KUMAR @ NIRANJAN KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
Holding
The Court refused to grant anticipatory bail to the petitioner.
Summary
The petitioner, Akash Kumar, sought anticipatory bail after learning that he might be arrested in connection with a robbery‑and‑shooting incident at his jewellery shop on 21‑10‑2025. The FIR, registered as PS Case No. 833 of 2025, charges offences under Sections 309(5) and 109 of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act. The petitioner claims a clean antecedent and argues that his alleged involvement stems solely from a confessional statement made by an accused, Sonu, while in police custody, which he contends lacks evidentiary value. The State’s Additional Public Prosecutor acknowledges the FIR is against unknown assailants but points out that the petitioner’s name appears in the confessional statement, warranting interrogation. The Court considered the seriousness of the offences and the lack of independent evidence linking the petitioner to the crime. Consequently, the Court refused the petition for anticipatory bail.
Issues considered
- Whether anticipatory bail should be granted to the petitioner when the only link to the alleged offences is a confessional statement made in police custody.
- Whether a confessional statement recorded in police custody has evidentiary value sufficient to justify denial of anticipatory bail.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 109, 309(5)
Subjects
- anticipatory bail
- confessional statement
- evidentiary value
- Arms Act
- Bharatiya Nyaya Sanhita
- clean antecedent
- criminal investigation
- section 27
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17030 of 2026
Arising Out of PS. Case No.-833 Year-2025 Thana- SASARAM NAGAR District- Rohtas
======================================================
AKASH KUMAR @ NIRANJAN KUMAR S/o- Sanjay Paswan Resident of
Village- Jgdevnagar, Bouliya Road, Sasaram Police Station- Sasaram T
District- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raghunandan Kumar Singh
For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 08-04-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State, Sri Chandra Bhushan Prasad.
2. The petitioner apprehends his arrest in connection
with Sasaram (T) PS Case No. 833 of 2025 registered for the
offences punishable under Sections 309(5) and 109 of the
Bharatiya Nyaya Sanhita and Section 27 of the Arms Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and the informant
alleges that he along with his family members were performing
Laxmi puja on 21-10-2025 at 3 am at his jewellery shop, when
two unknown accused came with an intent to commit loot, but
informant closed the gate of the shop, when one accused started
firing causing fire-arm injury to the informant on his chest and
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leg and his son was also shot in the leg.
4. Learned counsel for the petitioner submits that the
FIR is against unknown and the petitioner during the course of
investigation came to be implicated based on confessional
statement of Sonu in police custody, which does not have any
evidentiary value. It is reiterated and submitted that petitioner is
a person with clean antecedent.
5. Learned A.P.P. for the State, Sri Chandra Bhushan
Prasad, vehemently opposes the prayer for anticipatory bail of
the petitioner and submits no doubt FIR is against unknown as
such informant had absolutely no idea that who were the
accused who had come in the morning at 3 am to commit loot. It
is also submitted no doubt the name of the petitioner transpired
in the confessional statement of Sonu in police custody, which
does not have any evidentiary value, but then what is not
disputed rather stands admitted is that informant and his son
were shot by unknown accused, who had come with an intent to
commit loot. It is further submitted that name of the petitioner
transpired in the confessional statement of apprehended-accused
and considering the seriousness of the case it can well be argued
that the case requires investigation and interrogation of the
petitioner for eliciting the truth. It is also submitted that if
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petitioner is able to satisfy the police that he was not involved in
the occurrence, in that event, final form will be submitted but if
petitioner is connected with the offence, in that event, charge-
sheet will be submitted.
6. Considering the submission made by learned APP,
the Court is not inclined to extend the privilege of anticipatory
bail to the petitioner.
7. Accordingly, the prayer for anticipatory bail of the
petitioner is rejected.
(Satyavrat Verma, J)
Sumit/-
U T
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