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Patna High Court

Abhinav Pathak @ Chandan @ Chandan PathakversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The petitioner is entitled to bail as the only material against him is a confessional statement and no substantive evidence links him to the alleged offences.

Summary

The petitioner, Abhinav Pathak, sought regular bail in a case alleging offences under Sections 103(2) and 61(2) of the Bihar Narcotic Substances Act and Section 27 of the Arms Act, relating to the murder of an informant's brother. The prosecution’s case relied mainly on the petitioner’s name appearing in confessional statements recorded in an unrelated NDPS case and a video showing him dancing with a pistol; no direct evidence linked him to the murder. The petitioner argued that he was falsely implicated, that his name was not in the FIR, and that the only material against him was the confessional statement, which he claimed was inadmissible. The State opposed bail, citing two prior criminal cases. The Court, after weighing the lack of substantive evidence beyond the confessional statements and the petitioner’s prolonged custody since September 2025, ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, directing compliance with the Additional District and Sessions Judge, Sitamarhi.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the reliance on confessional statements recorded in a separate case.
  • Whether the confessional statements constitute sufficient prima facie evidence to deny bail.
  • Whether the petitioner’s prior criminal antecedents justify denial of bail.

Legislation cited

Subjects

  • bail
  • confessional statement
  • Arms Act
  • Bihar Narcotic Substances Act
  • criminal antecedent
  • judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40982 of 2026
                       Arising Out of PS. Case No.-418 Year-2025 Thana- DUMRA District- Sitamarhi
                 ======================================================
                 Abhinav Pathak @ Chandan @ Chandan Pathak Son of Rajiv Pathak Resident
                 of Village - Malahi, P.S.- Sursand, District - Sitamarhi

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Pravin Kumar, Advocate
                 For the Opposite Party/s :        Ms. Pushpa Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   25-06-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under Sections 103(2) and

                   61(2) of the B.N.S. and Section 27 of the Arms Act.

                                3. The case of the prosecution, in short, is that Sunil

                   Jha and others have killed the brother of the informant, namely,

                   Madan Kumar Singh.

                                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. Learned counsel for the petitioner has submitted that the

                   name of this petitioner is not there in the F.I.R. From perusal of

                   the order of the leaned trial Court it will transpire that learned
Patna High Court CR. MISC. No.40982 of 2026(2) dt.25-06-2026
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          trial Court has recorded that “this petitioner’s name surfaced in

          the confessional statement recorded in Sursand P.S. Case

          No.329 of 2025 dated 28.08.2025 under NDPS, confessional

          statement of Shiv Shankar (Mukhiya)/(Ravi Shankar Mukhiya)

          mentioned in para 33/173, confessional statement of Deepak

          Kumar Thakur in para 186of the case diary”.

                       5. Learned counsel for the petitioner has further

          submitted that name of this petitioner has surfaced in this case

          on the basis of confessional statement recorded in other case. It

          has further been submitted that learned trial Court has recorded

          in para 87 of the case diary that the petitioner was found in

          video where he was seen dancing with pistol. It has further been

          submitted that only material against the petitioner is

          confessional statement. Save and except the confessional

          statement, there is nothing against him. Petitioner is languishing

          in judicial custody since 04.09.2025.

                       6. Learned APP appearing for the State has

          vehemently opposed the application for bail and has submitted

          that petitioner is having criminal antecedent of two cases.

                       7. 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
             Patna High Court CR. MISC. No.40982 of 2026(2) dt.25-06-2026
                                                         3/3




                       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

                       Additional District and Sessions Judge, Sitamarhi in connection

                       with Dumra P.S. Case No. 418 of 2025.


                                                    (Ashok Kumar Pandey, J)

lata/-
U        T


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