Patna High Court

Ashish KumarversusThe State of Bihar

Decided: 1 April 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The Court granted bail to the petitioner with specified conditions.

Summary

Ashish Kumar was arrested in connection with a robbery and illegal possession of arms (IPC Sec. 392 and Arms Act Sec. 27) after a robbery at gunpoint where Rs.50,000 was taken from an informant. The FIR described unknown miscreants on a bike, and the CCTV footage from the shop was later deleted. The petitioner had earlier given a confessional statement in a separate case (Case No.15 of 2024) but no material was recovered from him, and he has been in judicial custody since 24‑01‑2024. The State opposed bail, citing the petitioner’s 14 prior criminal cases. The High Court, after hearing both sides, granted bail with conditions including cooperation with the trial, regular appearance, a surety bond of Rs.10,000 and a close family member as a bailor.

Issues considered

Whether bail should be granted to the accused despite the seriousness of the offences (robbery and illegal possession of arms).
Whether the confessional statement in another case and the petitioner’s prior criminal record justify denial of bail.
Whether the lack of recovered material and the deletion of CCTV footage affect the bail decision.

Legislation cited

Arms Act — s. 27
Indian Penal Code — s. 392

Subjects

bail
robbery
illegal possession of arms
confessional statement
prior criminal record
CCTV footage deletion
judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20736 of 2026
                   Arising Out of PS. Case No.-14 Year-2024 Thana- GAMAHARIYA District- Madhepura
                 ======================================================
                 Ashish Kumar S/o Vijan Yadav @ Vijendra Yadav R/o Village - Tok Sihpur,
                 P.S - Gamahariya, District - Madhepura


                                                                                ... ... Petitioner/s
                                                      Versus


                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sanjay Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr. Chandra Bhushan Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   01-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Gamahariya P.S. Case No.14 of 2024 registered for the

                   offence punishable under Section 392 of the Indian Penal Code

                   and under Section 27 of the Arms Act.

                                3. The case of the prosecution, in short, is that

                   unknown miscreants who were on a bike bearing no number

                   plate came to the informant and on gun point took away

                   Rs.50,000/- from the cash box of the informant after making

                   firing.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that the FIR was lodged against
Patna High Court CR. MISC. No.20736 of 2026(2) dt.01-04-2026
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          unknown miscreants. From perusal of the FIR it is clear that a

          CCTV was installed in the shop of the informant but during

          investigation it has come that due to mistake the CCTV footage

          was deleted. Learned counsel for the petitioner has further

          submitted that the petitioner has been remanded in this case

          from Gamahariya P.S. Case No. 15 of 2024 wherein he has

          given his confessional statement. Save and except the

          confessional statement there is nothing against him. Learned

          counsel for the petitioner has further submitted that nothing has

          been recovered from the possession of the petitioner. Learned

          counsel for the petitioner has further submitted that the

          petitioner is in judicial custody since 24.01.2024.

                       5. The application for bail is opposed by learned APP

          for the State. Learned APP has stated that the petitioner is

          having criminal antecedent of 14 cases.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this Court is

          inclined to enlarge the petitioner on bail with the condition that

          the petitioner shall co-operate in the trial; petitioner shall

          remain physically present on each and every date in the trial

          court whenever required; one of the balior shall be close

          family member of the petitioner; petitioner shall mark his
            Patna High Court CR. MISC. No.20736 of 2026(2) dt.01-04-2026
                                                        3/3




                      attendance weekly at Gamahariya P.S. The above named

                      petitioner is directed to be enlarged on bail on furnishing bail

                      bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                      of the like amount each to the satisfaction of the court of learned

                      Sub-Divisional Judicial Magistrate, Madhepura in connection

                      with Gamahariya P.S. Case No.14 of 2024.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T

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