Patna High Court
Akshay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The court held that the petitioner had made out a prima facie case for pre‑arrest bail and ordered his release subject to verification of stolen articles and his antecedent.
Summary
Akshay Kumar applied for pre‑arrest bail in a robbery case (Section 309(6) BNS) where the FIR named unknown miscreants. His name was implicated solely through a confessional statement of co‑accused Ashif Ali made in police custody, which the petitioner argued lacks evidentiary value. He asserted his innocence, clean antecedent, and that no stolen articles had been recovered from his house. The State opposed the bail. The High Court, after hearing both sides, held that the petitioner had made a prima facie case for bail, directing the District Court to verify the recovery of stolen items and his criminal antecedent, and ordered his release on pre‑arrest bail subject to a bail bond and conditions under Section 482(2) BNSS.
Issues considered
- Whether a pre‑arrest bail should be granted when the accusation is based solely on a co‑accused's confessional statement and the FIR names unknown persons.
- Whether the petitioner’s clean antecedent and lack of recovered stolen articles justify bail.
Legislation cited
- Bihar Criminal Procedure Code — s. 482(2)
- Bihar Negotiable Instruments Act — s. 309(6)
Subjects
- pre‑arrest bail
- confessional statement
- co‑accused
- FIR
- clean antecedent
- Section 309
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43756 of 2026
Arising Out of PS. Case No.-511 Year-2025 Thana- MADHAURAH District- Saran
======================================================
Akshay Kumar, Son of Hari Kishor Sah, Resident of Village- Sarai (Saray
Box), P.S.- Garkha, District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjit Kumar Thakur, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 08-07-2026 Heard Mr. Ranjit Kumar Thakur, learned counsel
appearing on behalf of the petitioner and Mr. Shailendra Kumar,
learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Marhowrah P.S. Case No. 511 of 2025, registered for the
offence punishable under Sections 309(6) of the BNS.
3. As per the allegations made in the FIR, three
unknown miscreants had allegedly entered into the shop of the
informant, committed robbery of cash amounting to
approximately Rs. 50,000 to Rs. 60,000 from the cash counter
along with certain silver ornaments, and, while committing the
offence, they had assaulted the informant by means of butt of
pistol.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.43756 of 2026(2) dt.08-07-2026
2/3
petitioner submitted that petitioner is innocent and he has falsely
been implicated in the present case. FIR is against unknown.
Name of the petitioner has surfaced on the basis of confessional
statement of co-accused Ashif Ali in police custody, which has
no evidentiary value in the eye of law. Petitioner has clean
antecedent. On these grounds, petitioner seeks to be released on
pre-arrest bail.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Having heard the rival submissions made on behalf
of the parties, as well as, having perused the allegation made in
the FIR, which is against unknown. Name of the petitioner has
surfaced on the basis of confessional statement of co-accused
Ashif Ali in police custody, which has no evidentiary value in
the eye of law. Petitioner has clean antecedent. I am of the
opinion that petitioner has, prima facie, made out a case to be
released on pre-arrest bail.
7. Learned District Court is directed to verify, as to
whether, any stolen articles were recovered from the house of
the petitioner. In case, if it is found that no stolen articles have
been recovered from the house of the petitioner, the petitioner,
above named, is directed to be released on pre-arrest bail in the
Patna High Court CR. MISC. No.43756 of 2026(2) dt.08-07-2026
3/3
event of his/her arrest or surrender before the learned District
Court within a period of four weeks from today, on furnishing
bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
District Court where the case is pending, in connection with
Marhowrah P.S. Case No. 511 of 2025, subject to the condition
as laid down under Section 482(2) of the BNSS.
8. The learned District Court is directed to verify
the criminal antecedent of the petitioner as stated in
paragraph no. 3 of the bail application. If any other case is
pending against the petitioner as what has been stated in
paragraph no. 3, this order will lose its force automatically.
(Purnendu Singh, J)
Niraj/-
U
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.