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Patna High Court

Akash KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted bail to the petitioner, subject to bond and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Summary

Akash Kumar, a 19‑year‑old with no prior criminal record, applied for bail in a case registered under Sections 305(a), 331(4) and 317(2) of the Bharatiya Nyaya Sanhita concerning a burglary at his residence. He was not named in the FIR; his alleged involvement emerged from the confessional statements of co‑accused Aryan Kumar and Dinanath Chaudhary, and no incriminating material was recovered from his possession. The petitioner contended that he was falsely implicated and cooperated with the investigation, while the State opposed the bail application. The court considered the petitioner’s young age, clean antecedent, lack of direct evidence, and the nature of the allegations. Relying on the provisions of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, the court ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to surrender within six weeks.

Issues considered

  • Whether bail should be granted to the petitioner despite the allegations under Sections 305(a), 331(4) and 317(2) of the Bharatiya Nyaya Sanhita.
  • Whether the confessional statements of co‑accused suffice to justify continued detention of the petitioner.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • burglary
  • confessional statement
  • co‑accused
  • young accused
  • evidence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20906 of 2026
                       Arising Out of PS. Case No.-579 Year-2025 Thana- RAJGIR District- Nalanda
                 ======================================================
                 Akash Kumar S/O Vijay Kewat R/O Village- Ramharipind, P.S- Rajgir, Dist.-
                 Nalanda.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sanjay Prasad, Advocate
                 For the Opposite Party/s :       Mr. Bharat Bhushan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   18-04-2026                           Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                     2. The petitioner apprehends his arrest in a case

                   registered under Sections 305(a), 331(4) and 317(2) of the

                   Bharatiya Nyaya Sanhita.

                                   3. It is alleged that when informant was not present

                   in his house, some unknown persons burgled his house.

                                   4.    Learned counsel appearing on behalf of the

                   petitioner submits that petitioner is innocent and has falsely

                   been implicated in the present case. Further submission is that

                   petitioner is not named in the F.I.R. His name is transpired

                   during course of investigation on the basis of confessional

                   statement of co-accused Aryan Kumar @ Mithun Kumar and

                   Dinanath Chaudhary. Nothing incriminating material has been
            Patna High Court CR. MISC. No.20906 of 2026(2) dt.18-04-2026
                                                        2/2




                      recovered from the conscious possession of the petitioner.

                      Petitioner is a young boy of 19 years having no criminal

                      antecedent and he undertakes to cooperate in the investigation

                      and trial.

                                    5. Learned A.P.P. for the State opposed the prayer for

                      bail.

                                    6. Having considered the facts and circumstances of

                      the case, submissions of learned counsel for the parties, young

                      age of the petitioner and his fair antecedent, let the above named

                      petitioner be released on bail, in the event of arrest or surrender

                      before the learned court below within a period of six weeks

                      from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten

                      Thousand) with two sureties of the like amount each to the

                      satisfaction of learned Chief Judicial Magistrate, Biharsharif,

                      Nalanda in connection with Rajgir P.S. Case No. 579 of 2025,

                      subject to the conditions as laid down under Section 482(2) of

                      the Bharatiya Nagarik Suraksha Sanhita.



                                              (Sunil Dutta Mishra, J)
utkarsh/-

U       T


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