Patna High Court
Abhinav Kumar @ AdityaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail is granted to the petitioner subject to specified conditions.
Summary
The petitioner, Abhinav Kumar, was arrested on 18 March 2025 in connection with a case registered under Sections 394 and 307 of the IPC and Section 27 of the Arms Act. He contended that he was not named in the FIR and that his alleged involvement was based solely on a confessional statement of a co‑accused, with no material recovered from his possession and no TIP conducted by the prosecution. The State opposed bail, highlighting four other similar pending cases against the petitioner. The Court examined the lack of direct identification, the reliance on a co‑accused’s confession, and the absence of a TIP, and concluded that these factors warranted bail. Accordingly, the Court ordered the release of the petitioner on a bail bond of Rs.10,000 with two sureties, subject to conditions regarding cooperation, presence in court, non‑tampering with evidence, and verification of criminal antecedents.
Issues considered
- Whether bail should be granted when the petitioner is not named in the FIR and the only evidence is a co‑accused’s confessional statement.
- Whether the absence of a TIP (turn‑over of information) by the prosecution affects the bail decision.
- Whether the petitioner’s other pending cases of a similar nature preclude the grant of bail.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 307, 394
Subjects
- bail
- criminal procedure
- Indian Penal Code
- Arms Act
- confessional statement
- co‑accused
- turn over of information
- pending cases
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82402 of 2025
Arising Out of PS. Case No.-1308 Year-2023 Thana- TURKAULIYA District- East
Champaran
======================================================
Abhinav Kumar @ Aditya Son of Raj Kumar Patel Resident of Village-
Miscout, P.S.- Town Motihari, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the State : Mr. Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 31-01-2026 Heard Mr. Abhishek Kumar, learned counsel for the
petitioner and Mr. Anil Kumar, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
18.03.2025, in connection with Turkauliya (Raghunathpur) P.S.
Case No. 1308 of 2023, F.I.R. dated 29.12.2023 registered for
the offences punishable under Sections 394, 307 of the Indian
Penal Code and Section 27 of the Arms Act.
3. The F.I.R. of the occurrence of loot is against
unknown.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
present case. He further submits that the petitioner is not named
in the F.I.R. and the name of the petitioner has been transpired
Patna High Court CR. MISC. No.82402 of 2025(4) dt.31-01-2026
2/3
on the basis of confessional statement of co-accused person
namely Shiv Kumar and nothing has been recovered from the
conscious possession of the petitioner. He further submits that
till date no TIP was conducted by the prosecution as mentioned
in the act and even the informant has not identified the
petitioner as yet and the police after investigation submitted
chargesheet against the petitioner and the petitioner is in custody
since 18.03.2025.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner and submits that the petitioner carries four more cases
of similar nature other than the present one but fairly submits on
the basis of paragraph-3 of the bail petition that the petitioner is
on bail in the pending matters.
6. Considering the facts and circumstances of the case
and the fact the petitioner is not named in the F.I.R. and the
name of the petitioner has been transpired on the basis of
confessional statement of co-accused person and till date no TIP
was conducted by the prosecution, let the petitioner, above
named, be released 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 Judicial Magistrate,
Patna High Court CR. MISC. No.82402 of 2025(4) dt.31-01-2026
3/3
East Champaran, Motihari in connection with Turkauliya
(Raghunathpur) P.S. Case No. 1308 of 2023, subject to the
following conditions :-
(1) 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 his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) 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 antecedents, 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.
Ibrar//- (Rajesh Kumar Verma, J)
U T
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