Patna High Court
Adarsh Kumar @ Ajay @ Adarsh SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Arms Act — s. 25(1-b), 26, 35
- Indian Penal Code — s. 392
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
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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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