Patna High Court
Akash Kumar SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
Bail is granted to the petitioner subject to the conditions stipulated under Section 482(2) of the BNSS.
Summary
The petitioner, Akash Kumar Sah, was implicated in a case registered under Section 310(2) of the Bharatiya Nyaya Sanhita for a robbery‑and‑threat incident that occurred on 31 May 2025. The petitioner contends that he is innocent, asserting that his name appears only in a confessional statement of a co‑accused and that no incriminating material was recovered from his possession or residence. He also highlighted a three‑day delay in filing the FIR and the lack of any criminal antecedents. The State opposed bail, arguing the seriousness of the offence. The Court, after considering the circumstances, granted bail subject to conditions under Section 482(2) of the BNSS, including a bond of Rs.10,000 with two sureties and compliance with procedural safeguards.
Issues considered
- Whether bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nyaya Sanhita.
- Whether the delay in lodging the FIR and the sole reliance on a co‑accused’s confession justify release on bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 310(2), 482(2)
Subjects
- bail
- Section 310(2) BNSS
- Section 482(2) BNSS
- criminal procedure
- delay in FIR
- confessional statement
- co‑accused
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6883 of 2026
Arising Out of PS. Case No.-84 Year-2025 Thana- BISHANPUR District- Darbhanga
======================================================
Akash Kumar Sah S/o- Devendra Kumar Sah @ Devendra Sah R/o Village-
Taralahi Ps-Bahadurpur Dist- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Baidyanath Prasad
For the Opposite Party/s : Mr. Rajendra Prasad Nat
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner apprehends his arrest in
connection with Bisanpur P.S. Case No.84 of 2025, dated
02.06.2025, registered for the offence punishable under Sections
310(2) of the Bharatiya Nyaya Sanhita.
3. The informant alleged that on 31.05.2025, while
travelling with his family from Hajipur to Darbhanga
(Bakarganj) in a booked tempo, 5–10 unknown armed persons
intercepted the vehicle near Bhasaul Chowk. They took the
tempo into a forest, searched their luggage, and threatened to
kill them unless money was paid. The informant transferred
money via mobile, after which the miscreants snatched
jewellery worth about Rs.2.5 lakhs from his sister and wife and
Patna High Court CR. MISC. No.6883 of 2026(2) dt.04-02-2026
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also took a trolley bag containing Rs.20,000 in cash.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has been falsely implicated in the
present case. He further submits that the name of the petitioner
has surfaced solely on the basis of the confessional statement
made by the co-accused, Sundar Yadav, while nothing
incriminating has been recovered either from the conscious
possession of the petitioner or from his house, which was
searched in his absence. There is a delay of three days in
lodging the FIR, for which no explanation has been offered, and
the petitioner has been implicated at the instance of the
informant, who is a liquor trader. Lastly, it is submitted that the
petitioner has no criminal antecedents.
5. On the other hand, the learned APP for the State
has opposed the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the
case, let the above named petitioner, be released on bail, in the
event of his arrest or surrender before the learned Court below
within a period of six weeks from today, on furnishing bail bond
of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned A.D.J.-VIIth,
Darbhanga/Successor Court in connection with Bisanpur P.S.
Patna High Court CR. MISC. No.6883 of 2026(2) dt.04-02-2026
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Case No.84 of 2025 subject to the conditions as laid down under
Section 482(2) of the BNSS as well as the following conditions:
(i) One of the bailors should be the family
member/relative of the petitioner(s) who shall provide official
document 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,
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)
shikha/-
U T
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