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Patna High Court

Akash Giri @ Akash Kumar GiriversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to bond and specified conditions.

Summary

The petitioner, Akash Giri, applied for bail in a case alleging his participation in a planned dacoity involving arms and narcotics, with charges under the Bihar Narcotic Substances Act, 2023, the Arms Act and the NDPS Act. The prosecution’s case relied primarily on a confessional statement of a co-accused, Imteyaz Ali, who claimed the petitioner was present in the unlawful assembly, while no material was recovered from the petitioner. The petitioner contended that he was falsely implicated, had no recovered evidence against him, and that the co-accused’s statement alone lacked evidentiary value. The State opposed bail, citing the seriousness of the offences and the petitioner’s prior criminal antecedent. The High Court, after considering the circumstances, granted bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the B.N.S.S., 2023, including cancellation of bail if undisclosed antecedents or false statements are discovered.

Issues considered

  • Whether bail should be granted when the only evidence against the petitioner is a co-accused's confessional statement.
  • Whether the petitioner’s prior criminal antecedent precludes bail.
  • Whether the court may impose conditions under Section 482(2) of the Bihar Narcotic Substances (Special) Act, 2023 for bail.

Legislation cited

Subjects

  • bail
  • dacoity
  • arms possession
  • NDPS
  • confessional statement
  • criminal antecedent
  • Section 482
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.77079 of 2025
                       Arising Out of PS. Case No.-423 Year-2024 Thana- BARHARIA District- Siwan
                 ======================================================
                 Akash Giri @ Akash Kumar Giri S/O Bijay Giri Resident of Village -
                 Madhopur, P.S. - Barharia, District - Siwan

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Bijay Prakash Singh, Advocate
                 For the State           :        Mr. Anil Kumar Singh No. 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
                                       ORAL ORDER

3   24-02-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner seeks bail, apprehending his arrest,

                   in connection with Barharia P.S. Case No. 423 of 2024, dated

                   07.09.2024, registered for the offences punishable under

                   Sections 310(4), 310(5) and 3(5) of B.N.S., 2023, Sections

                   25(1-B)a, 26 and 35 of the Arms Act and Sections 8, 20, 21(b)

                   and 22 of the NDPS Act.

                                 3. As per allegation, seven persons, including the

                   petitioner were making plan to commit dacoity having arms in

                   their possession and when police reached there, all the accused

                   persons fled away except Imteyaz Ali who was arrested and as

                   per his confessional statement, the petitioner and other co-

                   accused were present in that unlawful assembly.
Patna High Court CR. MISC. No.77079 of 2025(3) dt.24-02-2026
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                       4. Learned counsel for the petitioner submits that the

          Petitioner is innocent and has falsely been implicated in this

          case. He further submits that nothing has been recovered from

          the possession of the petitioner and the whole case is based only

          on suspicion and name of the petitioner has transpired only in

          the confessional statement of co-accused which has no

          evidentiary value.

                       5. It is also stated in paragraph no. 2 of the bail

          petition that the petitioner has not moved this Court earlier

          either for anticipatory bail or regular one in the instant case.

                       6. It has further been stated in paragraph no.3 of the

          bail petition that the petitioner has one criminal antecedents.

                       7. However, learned APP for the State vehemently

          opposes the prayer of the Petitioner for bail.

                       8. Considering the aforesaid facts and circumstances,

          this petition is allowed, directing the petitioner, above-named,

          to be enlarged on bail, in the event of his arrest or surrender

          before the court below within a period of eight weeks from the

          date of receipt / production of a copy of this order, on his

          furnishing bail bonds in the sum of Rs. 10,000 /- (Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of learned concerned Court Below, in connection
               Patna High Court CR. MISC. No.77079 of 2025(3) dt.24-02-2026
                                                           3/3




                         with Barharia P.S. Case No. 423 of 2024, subject to the

                         conditions as laid down under Section 482 (2) of the B.N.S.S.,

                         2023 and on the following conditions:

                                      (i) In case, it is brought to the notice of the court

                         below that the petitioner has any criminal antecedents other than

                         the disclosed one, learned court below shall cancel the bail

                         bonds of the petitioner after hearing him and getting satisfied

                         that the petitioner has concealed his criminal antecedents despite

                         his knowledge of the same.

                                      (ii) In case, it is brought to the notice of the court

                         below that statement regarding previous bail petition is wrong,

                         learned court below shall cancel the bail bonds of the petitioner.



                                                                   (Jitendra Kumar, J)
shoaib/-

U          T


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