Created by Fuzzy Cloud

Patna High Court

ABHISHEK KUMAR @ ABHISHEK GUPTA @ RAJAN @ RANJANversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court held that bail could not be granted to the petitioners at this stage of the proceedings.

Summary

The High Court considered applications for regular bail filed by Ramesh Kumar Jha and Abhishek Kumar, who were charged under Section 310(2) of the Bihar Negotiable Instruments Act and Section 27 of the Arms Act in connection with a bank locker robbery. The prosecution’s case relied on confessional statements of co‑accused persons and the testimony of an informant who identified both petitioners as having supplied confidential information about gold stored in the locker. The petitioners contended that they were innocent and had been in judicial custody since June 2025. The Court examined the depositions of witnesses, the informant’s statements, and the alleged prior complaints against the petitioners, finding the evidence indicative of their involvement. Considering the seriousness of the offence and the material evidence, the Court refused to grant bail, directing that the petitioners may renew their application after six months if the trial remains pending and ordering the trial court to expedite the proceedings.

Issues considered

  • Whether the petitioners are entitled to regular bail despite the existence of confessional statements and informant testimony linking them to the offence.
  • Whether the nature of the offences under Section 310(2) BNS and Section 27 Arms Act warrants denial of bail at the pre‑trial stage.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • confessional statement
  • informant testimony
  • Arms Act
  • bank robbery
  • pre‑trial detention
  • judicial custody

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.25205 of 2026
                   Arising Out of PS. Case No.-113 Year-2025 Thana- SAMASTIPUR District- Samastipur
                 ======================================================
                 Ramesh Kumar Jha son of Raj Kumar Jha @ Late Ram Kumar Jha Resident
                 of Village- Jagdishpur Adharpur PS -Karpurigram District -Samastipur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                                                         with
                             CRIMINAL MISCELLANEOUS No. 25394 of 2026
                   Arising Out of PS. Case No.-113 Year-2025 Thana- SAMASTIPUR District- Samastipur
                 ======================================================
                 Abhishek Kumar @ Abhishek Gupta @ Rajan @ Ranjan S/O Uma Shankar
                 Prasad R/O Vill - Dudhpura, Ward No. 6, P.S.- Muffasil, Dist.- Samastipur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 (In CRIMINAL MISCELLANEOUS No. 25205 of 2026)
                 For the Petitioner/s     : Mr. Shashank Shekhar, Advocate
                 For the Opposite Party/s : Mr. Dr. Ajeet Kumar, APP
                 (In CRIMINAL MISCELLANEOUS No. 25394 of 2026)
                 For the Petitioner/s     : Mr. Mukesh Kumar, Advocate
                 For the Opposite Party/s : Mr. Anant Kumar 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                        CAV ORDER

3   05-05-2026                  Heard learned counsels for the petitioners and learned

                   APP for the State.

                               2. The petitioners have prayed for regular bail in

                   connection with Samastipur Town P.S. Case No. 113 of 2025

                   instituted for the offence under Section 310(2) of BNS and

                   Section 27 of the Arms Act which was earlier rejected vide
Patna High Court CR. MISC. No.25205 of 2026(3) dt.05-05-2026
                                            2/6




          order dated 22.01.2026 passed in Cr. Misc. Nos. 69545/ 2025 &

          69807/25 with an observation that the petitioners may renew

          their prayer for bail after the evidence of the informant and other

          witnesses, if they do not support the case of the prosecution.

                       3. Learned counsels for the petitioners have filed the

          depositions of the witnesses.

                       4. Learned counsels for the petitioners submit that the

          petitioners are innocent and have committed no offence.

          Moreover, they are languishing in judicial custody since

          24.06.2025 and 25.06.2025 respectively.

                       5. The main allegation against the petitioner, namely,

          Abhishek is that Abhishek was the valuer of the bank and he had

          a conversation with the accused persons and on his input, this

          offense was committed. The name of this petitioner has surfaced

          during the course of investigation on the basis of confessional

          statement of the co-accused Deepak Kumar @ Deepak Munshi

          and petitioner Ramesh Kumar Jha. In their confessional

          statement, it has come that the petitioner Abhishek has passed

          the confidential details regarding the gold kept in the bank

          locker. Co-accused Deepak Kumar @ Deepak Munshi and

          petitioner Ramesh Jha have disclosed the role of the co-accused

          in the alleged occurrence in their confessional disclosure and
Patna High Court CR. MISC. No.25205 of 2026(3) dt.05-05-2026
                                            3/6




          this petitioner has also given his confessional statement. From

          perusal of the case diary, it is clear that the petitioner is the

          valuer of the Bank of Maharashtra and he had an opportunity to

          visit the Bank of Maharashtra, Kashipur Samastipur, where the

          occurrence has taken place and as a valuer, he was also having

          the information regarding the gold and jewellery kept in locker

          and this input was given by him to the co-accused persons. The

          kind of offence which has been committed where jewellery

          worth crores have been looted from the bank. In such crimes

          without the confidential information, no offence is committed.

          First requisite of such offence is that the accused persons collect

          the input from available resources. Though the petitioner shows

          himself as innocent as he has no active role in the occurrence of

          the crime but the role which has been disclosed by the co-

          accused persons in their confessional statements is of providing

          input which is serious in nature.

                       6. As far as petitioner, namely, Ramesh Jha is

          concerned, he is having criminal antecedent of two cases and he

          is on bail in those cases and the name of this petitioner has

          surfaced on the basis of confessional statement of co-accused

          Deepak Kumar @ Deepak Munshi. It is clear from the diary that

          from the house of this petitioner, various documents of banks
Patna High Court CR. MISC. No.25205 of 2026(3) dt.05-05-2026
                                            4/6




          were recovered. This petitioner has also given his confessional

          statement and in his confessional statement he has stated that he

          has taken gold loan of Rs. 3 lakh from Bank of Baroda,

          Kashipur, Samastipur after mortgaging 150 gram of gold.

          During audit, it has come that purity of the gold was below

          standard. After that, a case was filed against him by the bank.

          After that he came to know that in connivance with the valuer,

          loan can be obtained while mortgaging substandard gold. He

          came in contact with petitioner Abhishek who is the valuer of

          the bank and with his connivance, he has mortgaged 200 grams

          of substandard gold in Bank of Maharashtra and has taken loan

          of Rs. 23 lakhs and has further stated that Abhishek disclosed

          him every details of the locker. Petitioner Ramesh Kumar Jha

          was scared of any audit. Abhishek Kumar introduced him with

          one Sunil and Sunil gave a report favouring the petitioner

          Ramesh and gave all the details of the gold. The petitioner was

          scared of audit as he has mortgaged substandard gold. He

          planned to commit dacoity and disclosed his intention to

          Deepak Munsi and in this organized manner, the offence was

          committed. These are the brief allegations/facts of this case.

                       7. Now coming to the deposition of the informant. In

          this case, informant has been examined as P.W.-2. In
Patna High Court CR. MISC. No.25205 of 2026(3) dt.05-05-2026
                                            5/6




          examination in chief, the informant has identified both the

          petitioners and in cross-examination on behalf of petitioner

          Abhishek Kumar, it has come that certain complaints were

          received against him who was the valuer of the bank. This goes

          to show that the role of Abhishek Kumar was dubious even prior

          to the occurrence. As far as the cross-examination on behalf of

          petitioner Ramesh Jha is concerned, the informant has stated

          that this petitioner has taken gold loan from the bank and has

          not repaid the loan. His loan account is still running. He is

          having two loan accounts in the bank and that he used to come

          to bank alone. This statement of the informant goes to show that

          the conduct of the petitioners which has emerged in the

          evidence of the informant is of dubious nature. There were

          complaints against Petitioner Abhishek. Petitioner Ramesh Jha

          who was having loan accounts, was a regular visitor of the bank

          and the role which has been attributed against them during

          investigation is that they have given the input regarding the gold

          which was kept in the locker of the bank which is the subject

          matter of the offence.

                       8. Learned APP for the State has vehemently opposed

          the prayer for bail.

                       9. Considering the facts and circumstances of this
             Patna High Court CR. MISC. No.25205 of 2026(3) dt.05-05-2026
                                                         6/6




                       case as well as the nature of offence, I am not inclined to grant

                       bail to the petitioners at this stage. As such, their prayer for bail

                       stands rejected.

                                     10. Petitioners may be at liberty to renew their prayer

                       for bail after six months if the trial is not concluded.

                                     11. Learned trial court is directed to expedite the trial

                       and conclude the same within the stipulated period of time.



                                             (Ashok Kumar Pandey, J)
Shubham/-
AFR/NAFR                NAFR
CAV DATE                01.05.2026
Uploading Date          05.05.2026
Transmission Date       05.05.2026


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.