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Patna High Court

Akshay KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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