Patna High Court
Akash KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Bihar Negotiable Substances Act — s. 310, 482
- Code of Criminal Procedure — s. 438
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
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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/-
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