Created by Fuzzy Cloud

Patna High Court

Amresh Kumar @ Latan Kumar @ Latan YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioner, subject to conditions, despite the reliance on a co‑accused’s confession and the petitioner’s criminal antecedent.

Summary

Amresh Kumar (also known as Latan Kumar) sought bail in a criminal case (PS Case No. 100 of 2022) involving alleged arson of a JCB and the shooting of a helper during a bridge construction project, with charges under IPC Sections 427 and 307 and Arms Act Section 27. The prosecution’s case relied primarily on the confessional statements of co‑accused Chotu Chaudhary, which named the petitioner, while no other direct evidence linked him to the offences. The petitioner argued that he was never originally named in the FIR and that the confessional statements alone were insufficient to justify his arrest. The State opposed bail, citing the petitioner’s prior criminal antecedent, but acknowledged that the petitioner was already on bail in the matter. The High Court, noting that a co‑accused had already been granted anticipatory bail, allowed the petitioner’s bail application subject to a Rs 10,000 bond, two sureties, and conditions under Section 438(2) of the CrPC, including cooperation with the trial and no tampering with evidence.

Issues considered

  • Whether bail can be granted when the only incriminating material against the petitioner is a co‑accused’s confessional statement.
  • Whether the petitioner’s prior criminal antecedent precludes the grant of bail under Section 438 CrPC.

Legislation cited

Subjects

  • bail
  • anticipatory bail
  • confessional statement
  • criminal antecedent
  • IPC 307
  • IPC 427
  • Arms Act 27
  • Section 438 CrPC
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26786 of 2026
                     Arising Out of PS. Case No.-100 Year-2022 Thana- ROSHANGANJ District- Gaya
                 ======================================================
                 Amresh Kumar @ Latan Kumar @ Latan Yadav Son of Santosh Yadav
                 Resident of Village- Lemboiya, P.S.- Roushanganj, District- Gaya Jee

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Md. Javed Jafar Khan, Advocate
                 For the Opposite Party/s :      Mr. Murli Dhar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   17-04-2026                    Heard Md. Javed Jafar Khan, learned counsel for the

                   petitioner and Mr. Murli Dhar, learned Additional Public

                   Prosecutor for the State.

                               2. The petitioner is apprehending his arrest in

                   connection with Roshanganj P.S. Case No. 100 of 2022, F.I.R.

                   dated 15.05.2022 for the offences punishable under Sections

                   427, 307 of the Indian Penal Code and Section 27 of the Arms

                   Act.

                               3. According to prosecution case, during the

                   construction work of bridge under Pradhan Mantri Gram Sadak

                   Yojana for the route Lemboiya to Pananniya, two motorcycle

                   riders set one JCB machine on fire and also shot helper Pintu

                   Kumar.

                               4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.26786 of 2026(2) dt.17-04-2026
                                            2/4




          petitioner is innocent and he has falsely been implicated in the

          present case. Learned counsel submits that initially the

          petitioner was not named in the FIR, the name of the petitioner

          has transpired during investigation on the basis of the

          confessional statement of the co-accused person, namely, Chotu

          Chaudhary        @     Dhananjay         Choudhary   and   except   the

          confessional statement of the co-accused person there is nothing

          against the petitioner which suggests the involvement of the

          petitioner in the alleged occurrence. The other co-accused

          person, namely, Sunil Kumar whose name was also transpired

          on the basis of confessional statement has been granted bail by

          the co-ordinate bench of this Hon’ble court vide order dated

          02.05.2025 passed in Cr. Misc. No. 8327/2025.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner on the

          ground that petitioner carries one criminal antecedent other than

          the present one but fairly submits on the basis of paragraph-3 of

          the bail application that the petitioner is on bail in the said

          matter.

                       6. Considering the aforesaid facts and circumstances

          and the fact that the co-accused person has been granted

          anticipatory bail by the co-ordinate bench of this Hon’ble Court,
Patna High Court CR. MISC. No.26786 of 2026(2) dt.17-04-2026
                                            3/4




          let the petitioner, above named, in the event of arrest or

          surrender before the court below within a period of thirty days

          from the date of receipt of the order, be released on bail on

          furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two

          sureties of the like amount each to the satisfaction of the learned

          Judicial Magistrate-I Class, Sherghati, Gaya in connection with

          Roshanganj P.S. Case No. 100 of 2022, subject to the conditions

          as laid down under Section 438(2) of the Code of Criminal

          Procedure and with other following conditions:-

                       i. Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court

          and shall remain physically present as directed by the court and

          on his absence on two consecutive dates without sufficient

          reason, his bail bond shall be cancelled by the Court below.

                       ii. If the petitioner tampers with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to

          move for cancellation of bail.

                       iii. And further condition that the court below shall

          verify the criminal antecedent of the petitioner and in case at

          any stage it is found that the petitioner has concealed his

          criminal antecedent, the court below shall take step for

          cancellation of bail bond of the petitioner. However, the
             Patna High Court CR. MISC. No.26786 of 2026(2) dt.17-04-2026
                                                         4/4




                       acceptance of bail bonds in terms of the above-mentioned order

                       shall not be delayed for purpose of or in the name of

                       verification.



                                              (Rajesh Kumar Verma, J)
atul/-

U        T


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.