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Patna High Court

Aditya KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, subject to bond, sureties and conditions under Section 438(2) of the CrPC.

Summary

The petitioner, Aditya Kumar, sought anticipatory bail fearing arrest in a case involving murder (IPC s.302), concealment of offence (s.201), common intention (s.34) and illegal possession of arms (Arms Act s.27). The FIR was based on the informant’s suspicion that three persons called the victim before he was shot, and the petitioner was not named in the FIR; his alleged involvement stemmed from a confessional statement of another accused, which the court held lacks evidentiary value. The petitioner’s counsel argued that the informant was not an eyewitness and that the case rested on mere suspicion, while the State opposed bail. The court, applying Section 438(2) of the CrPC, granted anticipatory bail subject to a Rs.50,000 bond, two sureties (including the petitioner’s father), and conditions that bail may be cancelled if the petitioner fails to cooperate or if a charge‑sheet links him to the offence. The order directed the trial court to enforce the bail conditions and to inform the police station.

Issues considered

  • What is the adequacy of evidence in the FIR to justify denial of anticipatory bail?
  • Does a confessional statement made in police custody provide sufficient basis to name the petitioner as an accused?
  • Can anticipatory bail be granted under Section 438(2) CrPC despite serious charges under IPC and the Arms Act?

Legislation cited

Subjects

  • anticipatory bail
  • murder
  • IPC
  • Arms Act
  • suspicion
  • confessional statement
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.67209 of 2025
                   Arising Out of PS. Case No.-311 Year-2024 Thana- GAUTAMBUDHNAGAR District-
                                                          Siwan
                 ======================================================
                 Aditya Kumar S/O Rahul Kumar Resident of vill.- Jalalpur, P.S.- Siwan town,
                 Dist- Siwan
                                                                            ... ... Petitioner/s
                                               Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Ms.Kumari Anupam
                 For the Opposite Party/s :     Mr.Tapeshwar Sharma
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   10-02-2026               1.    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                             2.    The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 302, 201 and

                   34 of the Indian Penal Code and Section 27 of the Arms Act.

                             3.    The learned counsel appearing on behalf of the

                   petitioner submits that petitioner is a person with clean antecedent.

                   It is next submitted that from perusal of the allegation as alleged in

                   the FIR, it would manifest that the informant alleges that on 18-6-

                   2024, his grandson received a call on his mobile and while leaving

                   the house, on asking of the informant, he disclosed that he had

                   been called by Ankit, Sachin and Manish and thereafter left the

                   house, further at 8 pm, he received an information that his

                   grandson has been shot and the police has taken him to Sardar

                   Hospital, accordingly he reached Sardar Hospital, where he came
Patna High Court CR. MISC. No.67209 of 2025(2) dt.10-02-2026
                                            2/3




          to know that his grandson has been killed, thus alleges based on

          suspicion that Ankit, Sachin and Manish had called his grandson

          and killed him.

                   4.     The learned counsel appearing on behalf the

          petitioner submits that the informant is not an eyewitness to the

          occurrence and from perusal of the allegation as alleged in the

          FIR, it would manifest that entire allegation hinges around

          suspicion. It is next submitted that petitioner is not named in the

          FIR and his named transpired in the case based on confessional

          statement of Manish in police custody which does not have any

          evidentiary value. It is further submitted that Ankit had

          approached this Court seeking anticipatory bail by filing Cr. Misc

          No. 12797 of 2025 and the same came to be allowed by an order

          dated 28-3-2025 with certain conditions. It is submitted that

          petitioner will not abscond rather will cooperate in the

          investigation to prove his innocence.

                   5.     The learned APP opposes the anticipatory bail

          application.

                   6.     Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the event

          of his arrest or surrender within a period of six weeks from today,

          be released on anticipatory bail on furnishing bail bonds of Rs.

          50,000/- (Rupees Fifty Thousand) with two sureties of the like
              Patna High Court CR. MISC. No.67209 of 2025(2) dt.10-02-2026
                                                          3/3




                        amount each to the satisfaction of the learned trial court where the

                        case is pending/successor court in connection with G.B. Nagar P.S.

                        Case No. 311 of 2024, subject to the conditions as laid down under

                        Section 438 (2) of the Cr.P.C.

                                 7.     One of the bailors of the petitioner shall be his father,

                        Rahul Kumar.

                                 8.     However, it is made clear that in the event, if the

                        Investigating Officer of the case files an application before the

                        learned trial court bringing to its notice that the petitioner, despite

                        giving assurance to this court, is not cooperating in the

                        investigation, the learned trial court shall be at liberty to cancel the

                        bail bonds of the petitioner.

                                 9.     It is further made clear that if charge sheet is

                        submitted connecting the petitioner with the offence, in that event,

                        the present anticipatory bail order shall lose its effect.

                                 10. Let a copy of this order be sent to the concerned

                        police station through the learned Trial Court.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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