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Patna High Court

Adarsh Kumar @ Ajay @ Adarsh SinghversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Adarsh Kumar, was charged under IPC section 392 and Arms Act sections 25(1‑b), 26 and 35 for alleged robbery of jewellery. The FIR named unknown miscreants, but a co‑accused, Ripu Jha, gave a confessional statement implicating the petitioner; no material was recovered from the petitioner and no TIP was conducted. The petitioner had been in judicial custody since 6 December 2025 and claimed innocence, while the State highlighted seven prior criminal cases against him and opposed bail. The court examined the lack of direct evidence, the petitioner’s prolonged detention, and the precedent of a similar bail grant in Cr. Misc. No. 89499 of 2024. Accordingly, the court ordered regular bail on a bond of Rs 10,000 with two sureties and imposed conditions of trial cooperation, presence of a close relative as bailor, and weekly attendance at the police station.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the seriousness of the offences (robbery and arms offences) and his criminal antecedents.
  • Whether the confessional statement of a co‑accused, without any material recovered, suffices to deny bail.
  • Whether the conditions imposed for bail are appropriate under the circumstances.

Legislation cited

Subjects

  • bail
  • regular bail
  • robbery
  • Arms Act
  • confessional statement
  • criminal antecedents
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21360 of 2026
                   Arising Out of PS. Case No.-242 Year-2024 Thana- MUZAFFARPUR SADAR District-
                                                       Muzaffarpur
                 ======================================================
                 Adarsh Kumar @ Ajay @ Adarsh Singh son of Santosh Singh Resident of
                 village - Behra, Ps- Karakat, Dist- Jaunpur, UP

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Pramod Kumar, Advocate
                 For the Opposite Party/s :     Mr. Anuj Kumar Shrivastava, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   06-04-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under section 392 of Indian

                   Penal Code and Sections 25(1-b), 26 and 35 of the Arms Act.

                                3. The case of the prosecution is that three unknown

                   miscreants have looted golden chain and silver anklet weighing

                   about 1 kg from the shop of the informant.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Learned

                   counsel for the petitioner has submitted that the FIR was lodged

                   against unknown miscreants. During course of investigation,

                   one Ripu Jha has given his confessional statement and in his
Patna High Court CR. MISC. No.21360 of 2026(2) dt.06-04-2026
                                            2/3




          confessional statement, the name of this petitioner has surfaced.

          Nothing has been recovered from the possession of this

          petitioner. No TIP has been conducted. Save and except

          confessional statement, there is nothing against this petitioner. It

          has further been submitted that Ripu Jha has already been

          granted bail by learned co-ordinate Bench of this Court vide Cr.

          Misc. No. 89499 of 2024. The case of this petitioner stands on

          similar footing. Moreover, the petitioner is languishing in

          judicial custody since 06.12.2025.

                       5. Learned APP appearing for the State has

          vehemently opposed the prayer of regular bail and has

          submitted that petitioner is having seven criminal antecedents.

                       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. The above named

          petitioner is directed to be released on bail in connection with

          Muzaffarpur Sadar P.S. Case No. 242 of 2024 on furnishing bail

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

          amount each to the satisfaction of learned Additional Sessions

          Judge-III, Muzaffarpur with following conditions:-

                       (i) The petitioner shall cooperate in trial and shall

          remain physically present in the trial court on each and every fixed

          date.
            Patna High Court CR. MISC. No.21360 of 2026(2) dt.06-04-2026
                                                        3/3




                                    (ii) One of the bailors should be close relative of the

                      petitioner.

                                    (iii) Petitioner is also directed to mark his weekly

                      attendance at Karakat P.S.



                                            (Ashok Kumar Pandey, J)
shubham/-

U     T


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