Patna High Court
Kumar Abhishek @ Abhishek @ ShibuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted anticipatory bail to the petitioner, subject to bond and conditions, as the allegation was based only on a co‑accused’s confession and the petitioner has a clean record.
Summary
Kumar Abhishek sought anticipatory bail after learning that he might be arrested in connection with FIR No.239/2024 for robbery under Section 392 IPC. The FIR named four accused who allegedly snatched Rs.1,30,000 from a bank employee, but the petitioner’s name was not originally mentioned; it surfaced only through the confessional statement of co‑accused Japhar Khan. The petitioner asserted a clean criminal record and highlighted that similarly situated co‑accused had already been granted anticipatory bail by the High Court. The State opposed the bail, arguing the petitioner’s alleged involvement. Considering the lack of independent material linking the petitioner to the crime, his clean antecedent, and the precedent of bail to co‑accused, the Court ordered that the petitioner be released on anticipatory bail upon surrender, subject to a Rs.10,000 bond, two sureties, and specific conditions under Sections 438 and 482. The order also stipulated conditions for cancellation of bail in case of non‑cooperation, tampering with evidence, or concealment of antecedents.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 CrPC despite the allegation arising solely from a co‑accused’s confessional statement
- Whether the petitioner’s clean antecedent and the grant of bail to similarly situated co‑accused justify the issuance of anticipatory bail
Legislation cited
- Code of Criminal Procedure — s. 438(2)
- Indian Penal Code — s. 392
Subjects
- anticipatory bail
- Section 392 IPC
- clean antecedent
- confessional statement
- bail conditions
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43194 of 2025
Arising Out of PS. Case No.-239 Year-2024 Thana- RAMPUR District- Gaya
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Kumar Abhishek @ Abhishek @ Shibu S/o- Sudhir Kumar Sinha R/o
Mohalla- Laxmi Niwas Ramsagar Road PS- Civil Line District- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vinod Kumar, Advocate
For the Opposite Party/s : Mr.Dr.Mrityunjaya Kr.Gautam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 17-04-2026 Heard Mr.Vinod Kumar, learned counsel for the
petitioner and Mr.Dr.Mrityunjaya Kr.Gautam, learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Rampur P.S.Case No.239 of 2024,FIR dated
20.05.2024 registered for the offences punishable under Section
392 of IPC.
3. Prosecution cane, in brief, as per written report of
the informant Sanjay Kumar Keshari stating therein that on
20.05.2024 at about 9.30 hours he was going PN.B. Bank
Branch A.P. Colony for deposit the collection amount of
Rs.1,30,000- by red colour Sine Bike in the mean time four
accused persons have stopped the motorcycle and on the point
of pistol they have snatched the bag in which kept the collection
Patna High Court CR. MISC. No.43194 of 2025(3) dt.17-04-2026
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amount and fled away by their motorcycle. Hence this case.
4. Learned counsel for the petitioner submits that the
petitioner has clean antecedent. The petitioner was not named in
the FIR. The name of the petitioner has been transpired during
investigation on the basis of the confessional statement of co-
accused person, namely, Japhar Khan and except the aforesaid,
no other material has come during investigation against the
petitioner to suggest the involvement of the petitioner in the
present occurrence and similarly situated co-accused persons,
namely, Md. Saghir @ Md. Saghir Khan and Avinash Kumar
have been granted privilege of anticipatory bail by this Court
vide orders dated 10.04.2025 passed in Cr. Misc. No.15202 of
2025 and Cr. Misc. No.17277 of 2025 respectively.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts, petitioner has clean
antecedent, name of the petitioner has been transpired during
investigation on the basis of the confessional statement of co-
accused person, namely, Japhar Khan and similarly situated co-
accused persons have been granted privilege of anticipatory bail
by this Court, let the petitioner, above named, in the event of his
arrest or surrender before the court below within a period of
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thirty days from the date of receipt of the order, be released on
bail on furnishing bail bond of Rs.10,000 (Ten Thousand) with
two sureties of the like amount each to the satisfaction of
learned C.J.M., Gaya in connection with Rampur P.S.Case
No.239 of 2024, subject to the conditions as laid down under
Section 438(2) of the Code of Criminal Procedure/ Section
482(2) of BNSS, 2023/Section 482(2) of BNSS, 2023 and with
other following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his/her
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
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shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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