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Patna High Court

Akash KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted anticipatory bail to the petitioner subject to specified conditions.

Summary

Akash Kumar applied for anticipatory bail fearing arrest in a case (Kalyanpur PS Case No. 450 of 2024) under Section 310(2) of the BNS, alleging theft of a vehicle and Rs.4,000. The prosecution alleged that a group of persons hired the informant's car, assaulted him, seized the vehicle and money. The petitioner contended that he was falsely implicated, with his name surfacing only from a co‑accused's confessional statement and no other material or recovery against him, though he has three prior cases. The State opposed bail. After hearing both sides, the Court granted anticipatory bail, directing the petitioner to surrender within four weeks and to furnish a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNS.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 of the Cr.P.C.
  • Whether the material on record, primarily a co‑accused's confessional statement, is sufficient to justify denial of bail
  • Applicability of Section 482(2) of the BNS in granting bail

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 Cr.P.C.
  • Section 482 BNS
  • criminal procedure
  • theft
  • robbery
  • confessional statement
  • prior criminal antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24652 of 2026
                 Arising Out of PS. Case No.-450 Year-2024 Thana- KALYANPUR District- East Champaran
                 ======================================================
                 Akash Kumar Son of Munna Rai R/O Vill.- Pipra Khem, P.S.- Kalyanpur,
                 District- East Champaran

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

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

2   15-05-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The instant application for anticipatory bail has

                   been filed         by the petitioner apprehending his arrest in

                   connection with Kalyanpur P.S. Case no. 450 of 2024 instituted

                   for the offence under Sections 310 (2) of the BNS.

                                3.    The case of the prosecution, in brief, is that 4–5

                   persons allegedly hired the Innova car of the informant. They

                   brought the vehicle to Chakia and thereafter directed the

                   informant to proceed towards Vrindavan Road near Hanuman

                   Nagar, they allegedly stopped the vehicle, assaulted the

                   informant, took away the keys of the vehicle, and fled away

                   with the vehicle along with Rs. 4,000/-.

                                4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.24652 of 2026(2) dt.15-05-2026
                                            2/3




          petitioner is innocent and has falsely been implicated in

          connection with the present case. It is further submitted that the

          F.I.R. was lodged against unknown miscreants. During the

          course of investigation, one co-accused, namely Lal Saheb, is

          said to have made a confessional statement, on the basis of

          which the name of the present petitioner has surfaced. It is

          further submitted that, save and except the confessional

          statement of the co-accused, there is no material against the

          petitioner to implicate him. No recovery has been made from

          the possession of the petitioner. It is further contended that the

          petitioner has criminal antecedents of three cases

                       5. Learned A.P.P., however, vehemently opposes the

          prayer for bail.

                       6. Having heard learned counsel for the parties and in

          the facts and circumstances of the case as stated above, this

          Court is inclined to enlarge the petitioner on bail. The petitioner

          is directed to surrender in the Court below within a period of

          four weeks from today and in the event of his arrest or surrender

          in connection with Kalyanpur P.S. Case no. 450 of 2024, he will

          be enlarged on bail 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,
            Patna High Court CR. MISC. No.24652 of 2026(2) dt.15-05-2026
                                                        3/3




                      Motihari, subject to the conditions as laid down under section

                      438(2) of the Cr.P.C/ Section 482 (2) of the BNSS.



                                            (Ashok Kumar Pandey, J)
Jagdish/-

U       T


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