Patna High Court
Abhishek Kumar @ Abhishek YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to a bond and specified conditions.
Summary
The petitioner, Abhishek Kumar (also known as Abhishek Yadav), was arrested on 12 November 2024 in connection with a case registered under FIR dated 6 August 2024 for offences under Sections 309(4), 309(6) of the Bihar Negotiable Instruments Act and Section 27 of the Arms Act. He was not named in the FIR; his name surfaced only during investigation based on a confessional statement of a co‑accused, and the prosecution has not yet conducted any turn‑over of incriminating property (TIP). The petitioner argued that a similarly situated co‑accused had already been granted bail and that there was no direct evidence against him. The State opposed bail, highlighting three other pending cases against the petitioner, although he was on bail in those matters. The Court, noting the lack of direct charge in the FIR and the absence of TIP, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation, non‑tampering with evidence, and verification of criminal antecedents.
Issues considered
- Whether bail can be granted when the accused is not named in the FIR and the only basis for accusation is a co‑accused's confessional statement.
- Whether the existence of other pending criminal cases justifies denial of bail.
Legislation cited
- Arms Act — s. 27
- Bihar Negotiable Instruments Act — s. 309(4), 309(6)
Subjects
- bail
- FIR
- confessional statement
- co‑accused
- Arms Act
- criminal antecedent
- turn‑over of property
- pending cases
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82841 of 2025
Arising Out of PS. Case No.-375 Year-2024 Thana- RAJAON District- Banka
======================================================
Abhishek Kumar @ Abhishek Yadav S/o- Ashok Yadav Resident of Mirzapur
P.S- Barahat, Dist- Banka
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar Pandey, Advocate
For the State : Mr. Rajendra Nath Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 27-01-2026 Heard Mr. Dhananjay Kumar Pandey, learned
counsel for the petitioner and Mr. Rajendra Nath Jha, learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
12.11.2024 in connection with Rajoun P.S. Case No. 375 of
2024, F.I.R. dated 06.08.2024 registered for the offence
punishable under Sections 309(4), 309(6) of BNS and Section
27 of the Arms Act.
3. The FIR of the occurrence of loot is against
unknown.
4. Learned counsel for the petitioner submits that the
petitioner is not named in the FIR. The name of the petitioner
has been transpired during investigation on the basis of the
confessional statement of co-accused person, nothing has been
Patna High Court CR. MISC. No.82841 of 2025(3) dt.27-01-2026
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recovered from conscious possession of the petitioner, till date
no TIP has been conducted by the prosecution. He further
submits that similarly situated co-accused person namely
Suman Kumar @ Suman Choudhary has been granted bail by
this Court vide order dated 27.01.2026 passed in Cr. Misc. No.
3838 of 2026. The police, after investigation, submitted the
chargesheet against the petitioner and the petitioner is in custody
since 12.11.2024.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail of the petitioner and submits that the
petitioner carries three more cases other than the present one, as
mentioned in para-3 of the bail petition in which he is on bail in
the pending matters.
6. Considering the aforesaid facts, petitioner is not
named in the FIR, the name of the petitioner has been transpired
during investigation on the basis of the confessional statement
of co-accused person and till date no TIP has been conducted by
the prosecution, 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
learned Judicial Magistrate 1st Class, Banka in connection with
Rajoun P.S. Case No. 375 of 2024, with the following
Patna High Court CR. MISC. No.82841 of 2025(3) dt.27-01-2026
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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 his/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)
Ibrar//-
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