Patna High Court
Abhishek Kumar @ Awinash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted anticipatory bail to the petitioner, finding the basis of the accusation insufficient to deny bail.
Summary
The petitioner, Abhishek Kumar, was implicated in a robbery case (Bidupur PS Case No.401 of 2023) under Sections 395 and 412 of the IPC based on confessions of co‑accused Deepak Kumar and Nirbhay Kumar, with no material recovered from his possession. He filed an anticipatory bail application, asserting false implication and offering to comply with bail conditions. The State opposed the bail. The Court examined the reliance on co‑accused confessions and the absence of incriminating evidence against the petitioner, and decided to grant anticipatory bail subject to strict conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita. The bail order required a bond of Rs.10,000 with two sureties, appearance before the trial court, and prohibitions against tampering with evidence or committing further offences.
Issues considered
- Whether anticipatory bail should be granted when the accusation is based solely on the confession of co‑accused and no material is recovered from the petitioner’s possession.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
- Indian Penal Code — s. 395, 412
Subjects
- anticipatory bail
- robbery
- Indian Penal Code
- confession of co‑accused
- bail conditions
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5780 of 2026
Arising Out of PS. Case No.-401 Year-2023 Thana- BIDUPUR District- Vaishali
======================================================
Abhishek Kumar @ Awinash Kumar S/O Raju Ray R/O Village- Kutubpur
Saidpur, P.S.- Bidupur, District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Javed Aslam
For the Opposite Party/s : Mr.Rajendra Prasad Nat
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 24-02-2026 Heard the learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Bidupur P.S. Case No.401 of 2023, F.I.R dated
13.07.2023 registered for the offences punishable under
Sections 395 and 412 of the Indian Penal Code.
3. According to prosecution case, the informant, a
driver of Auto Commercial (Dala body) vehicle No. BR31G-
2792, stated that on 13.07.2023 at about 3:10 AM, he along with
Ajay Kumar, staff of vegetable trader Deepak Kumar, left for
the vegetable market at Mithapur, Patna. At around 3:40 AM,
near Kutubpur Chowk under Bidupur Police Station, three to
four youths on two motorcycles intercepted their vehicle. Two
of the youths pointed country-made pistols at them and searched
Patna High Court CR. MISC. No.5780 of 2026(3) dt.24-02-2026
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their pockets. The informant was robbed of Rs.92,010/-, while
Ajay Kumar was robbed of Rs.20,000/- and a mobile phone
(SIM No. 9279909475). After committing the robbery, the
accused persons, aged about 20–25 years, fled towards
Kutubpur Kali Temple on their motorcycles.
4. Learned counsel for the petitioner submits that the
petitioner has falsely been implicated in the present case and his
name has transpired on the basis of confession made by
apprehended co-accused persons, namely, Deepak Kumar and
Nirbhay Kumar and nothing incriminating is said to have been
recovered from his constructive possession rather the recovery
is said to have been made from the other co-accused persons.
The petitioner has one criminal antecedent which is not akin to
the instant case. The petitioner is a man of means and is ready to
abide by the terms and conditions in case privilege of
anticipatory bail is extended in his favour.
5. Learned APP for the State opposes the prayer for
anticipatory bail application.
6. Considering the aforesaid facts and circumstances
that the name of the petitioner has transpired on the basis of
confession made by apprehended co-accused persons, namely,
Deepak Kumar and Nirbhay Kumar and nothing incriminating is
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said to have been recovered from his constructive possession.
Accordingly, this Court is inclined to grant the privilege of
anticipatory bail to the petitioner.
7. Let the petitioner, above named, in the event of
his/her arrest or surrender before the Court below within a
period of 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 the learned C.J.M., Vaishali at Hajipur, in
connection with Bidupur P.S. Case No.401 of 2023, subject to
the conditions as laid down under Section 438(2) of the Code of
Criminal Procedure / Section 482(2) of the Bhartiya Nagarik
Suraksha Sanhita and with other following conditions:-
(i) one of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
official document/personal affidavit to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of his/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
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failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
sharun/-
U T
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