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Patna High Court

Akash @ KalluversusThe State of Bihar

Decided
Disposal
BAIL REJECTED
Bench
ANSUL

Holding

Bail was denied because the petitioner’s confession and the nature of his involvement indicated a risk of tampering with evidence and flight.

Summary

The petitioner, Akash @ Kallu, applied for bail in a case registered under Section 103(i) of the B.N.S. and Section 27 of the Arms Act. The FIR did not name any accused, but the petitioner’s own confession and that of co‑accused implicated him, and CCTV footage identified a person wearing a specific T‑shirt. The court noted that the petitioner’s involvement appeared significant, leading to the arrest of the identified individual and recovery of the T‑shirt. Consequently, the bench was not inclined to grant bail at this stage. However, the petitioner was permitted to renew the bail prayer if the trial does not commence within six months, and the bail application was rejected.

Issues considered

  • Whether bail should be granted to the petitioner given his confession and alleged involvement in offences under Section 103(i) of the B.N.S. and Section 27 of the Arms Act
  • Whether the nature of the petitioner’s involvement warrants denial of bail pending trial

Legislation cited

Subjects

  • bail
  • confession
  • Arms Act
  • B.N.S.
  • high court
  • criminal procedure
  • pre‑trial detention

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6612 of 2026
                      Arising Out of PS. Case No.-278 Year-2025 Thana- SULTANGANJ District- Patna
                 ======================================================
                 Akash @ Kallu S/o Pappu Sao @ Pappu Kumar Resident of - Bazar Samiti,
                 Sandalpur, P.S - Bahadurpur, District - Patna

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Gajanan Mishra, Adv.
                 For the Opposite Party/s :       Mr.Nagendra Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

4   05-05-2026                     Heard the learned counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                               2. The petitioner seeks bail in connection with

                   Sultanganj P.S. Case No. 278 of 2025 registered for the offences

                   punishable under Section(s) 103(i) of the B.N.S. and Section 27

                   of Arms Act.

                               3. Nobody has been named in the F.I.R. The name of

                   the petitioner transpired in his own confession and confession of

                   other co-accused. The person who was identified wearing a

                   particular T-shirt in the CCTV was alleged to have committed

                   the occurrence. The confession of the petitioner led the arrest of

                   that person and recovery of that T-shirt.

                                4. Considering the nature of involvement of the

                   petitioner, this Court is not inclined at present to grant bail to the
           Patna High Court CR. MISC. No.6612 of 2026(4) dt.05-05-2026
                                                       2/2




                     petitioner.

                                   5. However, the petitioner may renew his prayer for bail

                     if the trial does not proceed within six months.

                                   6. Accordingly, prayer for bail of the petitioner is

                     hereby rejected.

                                   7. It is made clear that any observation made herein is

                     prima facie in nature and limited solely for the purpose of

                     adjudication of the present bail application. Such observations

                     shall not be construed as an expression on the merits of the case

                     and shall not influence the trial or any other proceedings in any

                     manner.



                                                       (Ansul, J)
abhishekkr/-

U      T


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