Patna High Court
Aditya Kumar @ Aditya Pratap SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner.
Summary
The petitioner, Aditya Kumar, sought anticipatory bail after learning that he might be arrested in a case involving kidnapping and murder of a schoolgirl, alleged under Sections 137(2), 103(1), 238, 61 and 3(5) of the B.N.S. The prosecution’s case was based solely on a confessional statement of a co‑accused, with no material linking the petitioner to the offence, and the petitioner was not named in the FIR. The petitioner argued that he is innocent, has clean antecedents, and was implicated only because of familial relations with the victim. The State and the informant opposed the bail, contending that the allegations were serious. The Court, considering the lack of direct evidence, the general nature of the accusations and the petitioner’s clean record, granted anticipatory bail, directing that if arrested within eight weeks he be released on a bail bond of Rs.10,000 with two sureties, subject to Section 482(2) of the B.N.S.S. conditions.
Issues considered
- Whether anticipatory bail should be granted when the petitioner is not named in the FIR and the only link is a co‑accused’s confession.
- Whether the petitioner’s clean antecedents and the general nature of the accusations justify bail.
Legislation cited
Subjects
- anticipatory bail
- criminal procedure
- confessional statement
- clean antecedents
- FIR
- bail bond
- sureties
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74207 of 2025
Arising Out of PS. Case No.-287 Year-2025 Thana- MAIRWAN District- Siwan
======================================================
Aditya Kumar @ Aditya Pratap Singh S/O Deonath Singh @ Deonath
Kushwaha R/O Village- Upadhayay Chhapar, P.S- Mairwa, Distt.- Siwan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Arbind Kumar Singh, Advocate
For the State : Mr. Ashok Kumar Singh, APP
For the Informant : Mr. Rakesh Kumar Mishra, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 15-01-2026 Heard learned counsel appearing on behalf of the
petitioner, learned APP appearing on behalf of the State and
learned counsel appearing on behalf of the informant.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 137(2),
103(1), 238, 61 and 3(5) of the B.N.S..
3. As per prosecution case, on 02.07.2025 at about 9
AM, daughter of informant had gone to school but did not
return. Informant suspects that some unknown persons
kidnapped her daughter. Later on, dead body of the victim was
recovered.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. Petitioner is not named in the F.I.R..
Patna High Court CR. MISC. No.74207 of 2025(3) dt.15-01-2026
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Name of petitioner transpired in this case during course of
investigation, only on the basis of confessional statement of co-
accused Akash Kumar, who happens to be step-brother of the
victim, wherein he has categorically stated that he, along with
other accused persons, committed the offence. Save and except
confessional statement, there is no material on record to show
the complicity of this petitioner in the alleged offence. As a
matter of fact, petitioner has falsely been implicated in this case
merely because he happens to be cousin brother of the victim
and elder son of uncle of the deceased, namely Deonath Singh.
Petitioner claims clean antecedents.
5. Learned A.P.P. for the State and learned counsel for
the informant have vehemently opposed the prayer for grant of
anticipatory bail to the petitioner.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation and clean
antecedents of the petitioner, the prayer for grant of anticipatory
bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioner be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.74207 of 2025(3) dt.15-01-2026
3/3
each to the satisfaction of learned Addl. Chief Judicial
Magistrate-V, Siwan in connection with Mairwa P.S. Case No.
287 of 2025, subject to condition as laid down under Section
482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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