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Patna High Court

Abhijit KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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