Created by Fuzzy Cloud

Patna High Court

Ajit KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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
Patna High Court CR. MISC. No.64559 of 2025(4) dt.24-02-2026
                                            2/3




          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
           Patna High Court CR. MISC. No.64559 of 2025(4) dt.24-02-2026
                                                       3/3




                     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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.