Patna High Court
Amresh Kumar @ Latan Kumar @ Latan YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Arms Act — s. 27
- Code of Criminal Procedure — s. 438(2)
- Indian Penal Code — s. 307, 427
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
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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,
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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
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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
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