Patna High Court
Abhijit KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that the petitioner is entitled to bail notwithstanding the confessional statement and his prior criminal cases.
Summary
The petitioner, Abhijit Kumar, applied for bail in a case registered under Section 309(4) of the B.N.S., 2023 and Sections 25(1‑b)a, 26 and 35 of the Arms Act, alleging that the FIR was lodged against unknown miscreants who looted an informant. The prosecution alleged that the petitioner was involved in the robbery, while the petitioner claimed innocence, stating that only a confessional statement linked him to the crime and no material was recovered from him. The petitioner highlighted that similarly situated co‑accused had been granted bail in a prior case (Cr. Misc. No. 20643 of 2023) and that no T.I.P. was conducted. The State opposed bail, citing two prior criminal cases against the petitioner. After hearing both sides, the court decided to enlarge the petitioner on bail, directing a bail bond of Rs. 10,000 with two sureties, despite the confessional statement and prior antecedents.
Issues considered
- Whether the petitioner is entitled to bail despite a recorded confessional statement and prior criminal antecedents.
- Whether the FIR against unknown persons can be used to justify the petitioner’s continued detention.
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 35
- B.N.S., 2023 — s. 309(4)
Subjects
- bail
- confessional statement
- Arms Act
- criminal antecedent
- judicial custody
- section 309
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26839 of 2026
Arising Out of PS. Case No.-156 Year-2025 Thana- MAHUAWA District- East Champaran
======================================================
Abhijit Kumar son of Late Lalbabu Prasad Resident of village- Darpa Tola
Gulariya Ps- Darpa District -East Champaran Motihari
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumara, Advocate
For the Opposite Party/s : Mr. Yogendra Kumar, 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 petitioner has prayed for bail in connection with
Mahuawa P.S. Case No. 156 of 2025 registered for the offence
punishable under Sections 309(4) of the B.N.S., 2023 and Sections
25(1-b)a, 26 and 35 of the Arms Act.
3. The case of the prosecution, in short, is that three
unknown miscreants have looted the informant of Rs. 2,79,144/-
and have also taken his laptop and mobile phone.
4. Learned counsel appearing on behalf of the petitioner
has submitted that petitioner is innocent and has committed no
offence. He has been falsely implicated in this case. He also
submits that the FIR was lodged against unknown miscreants.
During the course of investigation, the name of the petitioner has
surfaced on the basis of suspicion. He was apprehended and his
Patna High Court CR. MISC. No.26839 of 2026(2) dt.15-05-2026
2/2
confessional sttement was recorded. He further submits that
nothing has been recovered from the possession of the petitioner.
Save and except the confessional statement, there is nothing
against him. He further submits that similarly situated co-accused
persons have been granted bail by this Court vide Cr. Misc. No.
20643 of 2023. No T.I.P. was conducted. Moreover, the petitioner
is languishing in judicial custody since 14.12.2025.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner has got criminal
antecedent of two cases.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail bond
of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the
like amount each to the satisfaction of the learned S.D.J.M.,
Raxaul at Motihari, East Champaran in connection with Mahuawa
P.S. Case No. 156 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
Raushan/-
U T
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