Patna High Court
Ajit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner.
Summary
The petitioner, Ajit Kumar, applied for anticipatory bail in a case involving robbery of a truck carrying goods of Bharti Airtel, alleged under Sections 111 and 309(4) of the BNS, 2023. The prosecution’s case is based on a confessional statement of a co‑accused who claimed the petitioner supplied arms and logistical support to the looters, although the petitioner is not named in the FIR and no offence under the Arms Act is alleged. The petitioner argued that the confessional statement alone should not make him an accused, while the State contended that the statement identified him as the ‘kingpin’. The court considered the reliance on the confessional statement, the petitioner’s two prior criminal antecedents, and the statutory provisions for anticipatory bail. Finding that the confessional statement could be the basis for further investigation but not sufficient to deny bail, the court granted anticipatory bail subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS, 2023. The petitioner was ordered to furnish a bail bond of Rs.10,000 with two sureties.
Issues considered
- Can anticipatory bail be granted when the only basis of accusation is a co‑accused’s confessional statement?
- Do prior criminal antecedents preclude the grant of anticipatory bail?
- Does alleged supply of arms, without a specific charge under the Arms Act, affect the bail decision?
Legislation cited
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- confessional statement
- arms supply
- criminal antecedents
- robbery
- Section 438 CrPC
- Section 482 BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64559 of 2025
Arising Out of PS. Case No.-776 Year-2024 Thana- SONEPUR District- Saran
======================================================
Ajit Kumar Son of Manoj Singh R/O Vill- Ufraul Kakarhata, P.S.- Bidupur,
District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar, Adv.
For the Opposite Party/s : Mr. Nawal Kishore Pd., App.
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
4 24-02-2026 1. Heard learned Counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail,
arises out of Sonepur Police Station Case No. 776 of 2024,
disclosing offences under Sections 111, 309(4) of the BNS,
2023.
3. As per the prosecution case, lodged by the truck
driver, on 19.09.2024, he was carrying the goods of M/s Bharti
Airtel Limited. At about 1:00 am on 20.09.2024, when he
reached near Yadhuvanshi chowk, one Bolero vehicle arrived
with four persons and they overtook the vehicle of the informant
and came in front of the truck and stopped it. Three-four persons
got down from the Bolero, they caught hold the informant, tied
his hands and closed his eyes with clothes and looted the truck
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along with the goods loaded upon it.
4. Learned counsel for the petitioner submits that
the petitioner is not named in the FIR and has been made
accused on the basis of the confessional statement made by the
co-accused. The involvement of the petitioner in the present
case, on the basis of the confessional statement, is to the extent
that he supplied arms to the accused persons, whereas no
offence has been alleged under the Arms Act.
5. On the other hand, Mr. Naval Kishore Prasad,
learned counsel for the state, referring to the case diary, argued
that in the confessional statement of the co-accused, he has
stated that the petitioner is kingpin and provided logistics along
with information regarding the movement of the truck to the
looters who has been identified in the CCTV footage.
6. Having regard to the submissions made on
behalf of the parties and taking into consideration the fact that
the confessional statement made by the accused may be the
basis of further investigation against the petitioner and the
petitioner has two criminal antecedents, I am inclined to grant
the petitioner privilege of anticipatory bail.
7. This application is, accordingly, allowed.
8. Let the petitioner, above named, in the event of
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his arrest or surrender before the Court below within four
weeks, 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 Chief Judicial Magistrate,
Saran at Chapra, in connection with Sonepur Police Station
Case No. 776 of 2024, subject to the condition laid down under
Section 438 (2) of the Code of Criminal Procedure/Section
482(2) of the BNSS, 2023.
(Anil Kumar Sinha, J)
HarshPandey/-
U T
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