Created by Fuzzy Cloud

Patna High Court

Akhilesh Kumar @ Akhilesh ramversusState of bihar

Decided
Disposal
DISMISSED

Holding

Bail was denied to the petitioner.

Summary

The petitioner, Akhilesh Kumar, applied for bail in a case originally registered under Sections 307 and 34 of the IPC and Section 27 of the Arms Act, later amended to include Section 302 IPC for murder. The deceased’s dying statement implicated co‑accused Gurucharan Chaudhary as the first shooter and alleged that the petitioner fired the second shot that caused the victim’s death. The petitioner contended he was not named in the FIR and was falsely implicated only through the co‑accused’s confessional statement, asserting his innocence and noting his custody since September 2024. The State argued that the co‑accused’s confession identified the petitioner as the second shooter and highlighted the petitioner’s prior murder antecedent. After considering the seriousness of the offence, the confessional evidence, and the petitioner’s criminal history, the court rejected the bail application, holding that the petitioner does not merit the privilege of bail.

Issues considered

  • Whether the petitioner is entitled to bail in a murder case where a co‑accused’s confessional statement implicates him and he has a prior criminal antecedent

Legislation cited

Subjects

  • bail
  • murder
  • confessional statement
  • criminal antecedent
  • IPC
  • Arms Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34573 of 2025
                 Arising Out of PS. Case No.-208 Year-2023 Thana- RAMGARH District- Kaimur (Bhabua)
                 ======================================================
                 Akhilesh Kumar @ Akhilesh ram S/o Ra Ashish Ram R/o Vill- Devadhiya,
                 P.S.- Rajpur, Distt- Buxar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Arun Kumar Gupta
                 For the Opposite Party/s :      Mr.Yogendra Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

4   12-01-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with

                   Ramgarh P.S. Case No. 208 of 2023 initially registered for the

                   offence punishable under Sections-307, 34 of the Indian Penal

                   Code and 27 of the Arms Act but later on, Section-302 of the

                   Indian Penal Code was also added.

                                3. The fardbeyan of the deceased was recorded in

                   injured condition. He named the co-accused Gurucharan

                   Choudhary with allegation that he fired first which hit his right

                   hand and when he fell down from his motorcycle, the second

                   shot was fired at him. The deceased, during course of treatment

                   died.
            Patna High Court CR. MISC. No.34573 of 2025(4) dt.12-01-2026
                                                        2/2




                                   4. Learned counsel for the petitioner has submitted

                      that the petitioner is innocent and he has falsely been implicated

                      in this case. The petitioner is not named in the FIR. The name of

                      the petitioner has surfaced in this case in confessional statement

                      of co-accused, Gurucharan Chaudhary. The petitioner is not the

                      assailant. The petitioner is in custody since 07-09-2024.

                                   5. On the other hand, learned counsel for the State has

                      submitted that during investigation, the confessional statement

                      of the co-accused was recorded, according to which, it was the

                      petitioner who fired the second shot. The petitioner has a

                      criminal antecedent of murder case.

                                   6. Learned APP has opposed the prayer for bail.

                                   7. Considering the aforesaid facts and circumstances,

                      the petitioner does not deserve the privilege of bail and

                      accordingly, the same is rejected.



                                           (Nawneet Kumar Pandey, J)
A.K.V.//-

U      T


Continue reading with your account

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

Sign in to read

Checking your session…

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