Patna High Court
Ashish Kumar @ Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted anticipatory bail to the petitioner, subject to conditions under Section 482(2) B.N.S.S.
Summary
The petitioner, Ashish Kumar, applied for anticipatory bail fearing arrest in a robbery‑and‑attempt‑to‑murder case (Section 310(2) B.N.S.) arising from PS‑419 of 2025. The prosecution alleged that unknown miscreants broke into an informant's house, tied the family, stole jewellery and cash, and threatened the daughter with a knife. The petitioner claimed innocence, stating that only a co‑accused, Shakti Paswan, named him in a confessional statement and no material was recovered from his possession. The State opposed bail, arguing the seriousness of the offence. After hearing both sides, the court found the evidence against the petitioner insufficient and ordered that he be granted anticipatory bail, subject to surrendering within four weeks and furnishing a bail bond of Rs.10,000 with two sureties, under Section 482(2) B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in a case under Section 310(2) B.N.S.
- Whether the confessional statement of a co‑accused alone justifies denial of bail
- Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses
Legislation cited
Subjects
- anticipatory bail
- robbery
- attempt to murder
- confessional statement
- Section 310
- Section 482
- bail conditions
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7682 of 2026
Arising Out of PS. Case No.-419 Year-2025 Thana- BELAGANJ District- Gaya
======================================================
Ashish Kumar @ Nitish Kumar Son of Shri Saryu Prasad Gupta @ Sarju Sao
Resident of Village- Kohra, P.S.- Tehta, District- Jehanabad (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Harsh Vardhan, Advocate
For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 09-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2.The instant application for anticipatory bail has been
filed by the petitioner apprehending his arrest in connection
with Belaganj P.S. Case No. 419 of 2025 instituted for the
offence under Section 310(2) of B.N.S.
3. The case of the prosecution is that some unknown
miscreants forcefully entered in the house of the informant.
They tied the informant in his house and his wife. Gagged their
mouth with tape. One of them held a knife on the neck of the
informant’s daughter demanded almirah’s key. It is alleged that
all the accused persons took away informant’s wife jewellery
along with Rs. 1,80,000/- in cash and also 40 grams of his
mother’s jewellery from the adjacent room. All the robbers have
Patna High Court CR. MISC. No.7682 of 2026(2) dt.09-02-2026
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masked their face and two were carrying pistol and another had
a knife. They picked the looted items into his daughter’s school
bag and locked the family members inside the room.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has falsely been implicated in this
case. FIR was lodged against unknown miscreants. During
investigation, one co-accused Shakti Paswan has given his
confessional statement and in his confessional statement, he has
named this petitioner. Nothing has been recovered from the
possession of this petitioner. From perusal of the order of the
learned trial court, it is clear that the recovery of some articles
were made from the possession of one Shakti Paswan. Save and
except the confessional statement of Shakti Paswan, there is
nothing against this petitioner.
5. In contra, learned APP appearing for the State has
opposed the prayer of bail of the petitioner.
6. Having heard learned counsel for the parties and in
the facts and circumstances of the case as stated above, this
Court is inclined to enlarge the petitioner on bail. The petitioner
is directed to surrender in the Court below within a period of
four weeks from today and in the event of his arrest or surrender
Patna High Court CR. MISC. No.7682 of 2026(2) dt.09-02-2026
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in connection with Belaganj P.S. Case No. 419 of 2025, he will
be enlarged on bail on furnishing bail bond of Rs. 10,000/-
(Rupees ten thousand) with two sureties of the like amount each
to the satisfaction of learned Chief Judicial Magistrate, Gaya
subject to the conditions as laid down under section 482(2) of
B.N.S.S.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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