Patna High Court
Akash KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
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
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 305(a), 317(2), 331(4)
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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