Patna High Court
Akhilesh Kumar @ Akhilesh ramversusState of bihar
- Decided
- Disposal
- DISMISSED
- Bench
- NAWNEET KUMAR PANDEY
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
- Arms Act — s. 27
- Indian Penal Code — s. 302, 307, 34
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
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