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Patna High Court

Aklesh Kumar @ Akhilesh KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied as the petitioner was not entitled to the privilege under the circumstances.

Summary

The petitioner, Aklesh Kumar, sought anticipatory bail fearing arrest in a robbery case (PS Case No.26 of 2025) registered under Section 309(6) of the Bihar Negotiable Instruments Act. The prosecution alleged that the accused, on motorcycles and armed with a pistol, snatched Rs 32,900 plus the petitioner’s own Rs 1,000 and a mobile phone. The petitioner contended that his name does not appear in the FIR nor was any property recovered from his possession; his name only surfaced in the confessional statement of another accused, Rohit Kumar Yadav. The State argued that the petitioner's alleged involvement, as inferred from the FIR, indicated a habit of criminal activity. After considering the submissions and material, the Court declined to extend the privilege of anticipatory bail and rejected the petition.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 309(6) of the Bihar Negotiable Instruments Act despite not being named in the FIR.
  • Whether the mere mention of the petitioner’s name in a co‑accused’s confessional statement suffices to justify denial of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • robbery
  • confessional statement
  • Section 309(6)
  • Bihar Negotiable Instruments Act
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17360 of 2026
                        Arising Out of PS. Case No.-26 Year-2025 Thana- NIRMALI District- Supaul
                 ======================================================
                 Aklesh Kumar @ Akhilesh Kumar S/O Jivendra Yadav Resident of Village-
                 Majhaura Ward No. 1, P.S.- Nadi Supaul, District- Supaul.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Kamal Kishore Singh, Adv.
                 For the Opposite Party/s :        Mr. Shailendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   25-03-2026                    Heard the parties.

                                2. The petitioner apprehends his arrest in connection

                   with Nirmali P.S. Case No. 26 of 2025 for the offence registered

                   under sections 309(6) of the BNS.

                                3. As per the prosecution story, the informant alleged

                   that while he was returning after collection of Rs. 32,900/-

                   besides his own Rs. 1,000/-, allegation is that the accused

                   persons riding on motorcycles, on the point of pistol, snatched

                   the amount along with mobile. This led to the FIR.

                                4. Learned counsel for the petitioner submits that

                   neither he is named in the FIR nor anything recovered from his

                   conscious possession rather name has come in the confessional

                   statement of Rohit Kumar Yadav.

                                5. Learned APP on the other hand opposes the prayer
           Patna High Court CR. MISC. No.17360 of 2026(2) dt.25-03-2026
                                                       2/2




                     submitting that a perusal of paragraph 3 would show that he is

                     in the habit of indulging in criminal activities.

                                  6. Considering the submissions of the parties as also

                     the materials that have come on record, this Court is not inclined

                     to extend him privilege of anticipatory bail, which is

                     accordingly rejected.



                                                    (Rajiv Roy, J)
Vijay Singh/-

U      T


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