Patna High Court
ANKESH KUMAR @ MAIKALversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioner despite the allegations, as his implication arose solely from a co‑accused's confessional statement and other co‑accused have been released on bail.
Summary
Ankes Kumar @ Maikal, accused under Section 395 IPC for looting and threatening a family, has been in judicial custody since 27‑01‑2025. He was not named in the FIR; his name surfaced only through the confessional statement of co‑accused Subodh Kumar. The petitioner argued innocence and highlighted that all other co‑accused have already been granted bail. The State opposed bail, noting the petitioner’s involvement in twelve other cases, with five pending. Considering that the petitioner’s implication rests solely on a co‑accused’s confession and that similar accused have been released, the court ordered his release on bail with a Rs 10,000 bond and specific conditions.
Issues considered
- Whether bail should be granted to an accused under Section 395 IPC when the allegation is based solely on a co‑accused’s confessional statement
- Whether the petitioner’s other pending criminal cases affect the grant of bail
Legislation cited
- Indian Penal Code — s. 395
Subjects
- bail
- Section 395 IPC
- dacoity
- confessional statement
- co‑accused
- criminal antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78665 of 2025
Arising Out of PS. Case No.-338 Year-2023 Thana- MOHIUDDIN NAGAR District-
Samastipur
======================================================
ANKESH KUMAR @ MAIKAL S/O JAWAHAR RAJAK @ BHUSHAN
KUMAR RAJAK R/o Mohalla - Simri, P.S.- Vidyapatinagar, Distt.-
Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kedar Jha, Advocate
For the Opposite Party/s : Mr. Pranav Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 18-03-2026 Heard Mr. Kedar Jha, learned counsel for the
petitioner and Mr. Pranav Kumar, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
27.01.2025 in connection with Mohiuddin Nagar P.S. Case No.
338 of 2023, F.I.R. dated 11.12.2023 for the offences punishable
under Section 395 of the Indian Penal Code.
3. According to prosecution case, 5-6 unknown
miscreants have entered into the house of the informant and
committed loot and took away several ornaments and cash
amounting to Rs. 2 lakhs and also threatened the family
members for dire consequences.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
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present case. He further submits that the petitioner is not named
in the FIR. The name of the petitioner has been transpired
during investigation on the basis of confessional statement of
co-accused person, namely, Subodh Kumar and said Subodh
Kumar has also disclosed the name of the other co-accused
persons. Learned counsel further submits that petitioner has
been remanded in the present case from Bahera P.S. Case No.
01/2024 on 27.01.2025 and till date no TIP has been conducted
by the prosecution and the similarly situated co-accused person,
namely, Subodh Kumar, who has disclosed the name of the
petitioner, has been granted regular bail by this Court vide order
dated 22.12.2025 passed in Cr. Misc. No. 88610 of 2025, other
co-accused person, namely, Prince Kumar @ Prince Kumar
Singh has been granted regular by this Court vide order dated
18.09.2024 passed in Cr. Misc. No. 39858 of 2024. Other co-
accused person, namely, Baiju Kumar @ Baiju Mahto has been
granted bail by this Court vide order dated 18.05.2024 passed in
Cr. Misc. No. 44123/2024, co-accused person, namely, Gunjan
Kumar has been granted bail by this Court vide order dated
23.05.2024 passed in Cr. Misc. No. 44374/2024, co-accused
person namely, Vikram Kumar Singh has been granted bail by
this Court vide order dated 17.05.2024 passed in Cr. Misc. No.
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44590 of 2024 and co-accused person, namely, Aman Kumar @
Rot Bilar has been granted bail by this Court vide order dated
27.06.2024 passed in Cr. Misc. No. 51844/2024. He further
submits that the petitioner is in judicial custody since
27.01.2025.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner and submits that the
petitioner carries twelve more cases other than the present one
but fairly submits that on the basis of paragraph 3 of bail
petition that out of twelve cases, the petitioner is on bail in
seven cases and rest five cases are pending for consideration
before the Competent Court of law.
6. Considering the aforesaid facts and circumstances
and also the fact that the name of the petitioner has been
transpired during investigation on the basis of confessional
statement of co-accused person, namely, Subodh Kumar and
said Subodh Kumar and other co-accused persons have been
granted bail by this Court, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Judicial Magistrate, 1st Class,
Samastipur, in connection with Mohiuddin Nagar P.S. Case No.
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338 of 2023, with the following conditions:
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ranjeet/-
U T
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