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Patna High Court

Akash KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to conditions, as the prosecution failed to establish a prima facie case.

Summary

Akash Kumar was arrested on 17 July 2025 in connection with a robbery case (Taraiya PS Case No. 88 of 2025) under Section 309(4) of the Bihar Narcotic Substances Act. The petitioner argued that he was not named in the FIR and that his name was only derived from a self‑confessional statement recorded in a different case (Taraiya PS Case No. 89 of 2025). No test identification parade was conducted and no other material linked him to the offence. The State opposed bail, citing six other criminal cases against the petitioner, four of which were already on bail. The High Court, noting the lack of direct evidence, the absence of the petitioner’s name in the FIR, and the procedural deficiencies, granted bail on a cash bond with several conditions, including cooperation with the trial and no tampering with evidence.

Issues considered

  • Whether bail can be granted when the accused is not named in the FIR and the only basis for implication is a self‑confessional statement recorded in another case.
  • Whether the absence of a test identification parade and lack of other incriminating material justify bail.
  • Whether the existence of pending criminal cases against the accused should preclude bail.

Legislation cited

Subjects

  • bail
  • FIR
  • self‑confessional statement
  • test identification parade
  • Section 309
  • robbery
  • pending criminal cases
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.83472 of 2025
                         Arising Out of PS. Case No.-88 Year-2025 Thana- TARAIYA District- Saran
                 ======================================================
                 Akash Kumar S/O Upendra Singh @ Upendra R/O Vill- Bhorhan, P.S.-
                 Panapur, Dist- Saran 841424

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner        :       Mr. Jeetendra Narayan, Advocate
                 For the State             :       Mr. Bishweshwar Ram, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   17-01-2026                        Heard Mr. Jeetendra Narayan, learned counsel for

                   the petitioner and Mr. Bishweshwar Ram, learned APP for the

                   State.

                                2. Petitioner seeks bail, who is in custody since

                   17.07.2025, in connection with Taraiya P.S. Case No. 88 of

                   2025, F.I.R. dated 03.04.2025 registered for the offences

                   punishable under Sections 309(4) of B.N.S.

                                3. The F.I.R. of the occurrence of robbery and looted

                   informant’s motorcycle 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

                   during investigation on the basis of self confessional statement
Patna High Court CR. MISC. No.83472 of 2025(3) dt.17-01-2026
                                            2/4




          of the petitioner which was recorded in another case bearing

          Taraiya P.S. Case No. 89 of 2025 and the petitioner has been

          implicated in the present case. He further submits that till date

          no test identification parade was conducted by the prosecution

          and recovery has been made from the house of co-accused

          person namely Deepak Kumar Singh and except the self

          confessional statement of the petitioner, no other cogent

          material has come during investigation to suggest the

          involvement of the petitioner in the present occurrence.          He

          further submits that the police after investigation submitted

          chargesheet against the petitioner and the           petitioner is in

          custody since 17.07.2025.

                       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 six more cases

          other than the present one but fairly submits on the basis of

          paragraph-3 of the bail petition that out of six cases, the

          petitioner is on bail in four cases and two cases are pending for

          consideration before the competent court of law.

                       6. Considering the facts and circumstances of the case

          and the fact that the petitioner is not named in the F.I.R. and the

          name of the petitioner has been transpired on the basis of self
Patna High Court CR. MISC. No.83472 of 2025(3) dt.17-01-2026
                                            3/4




          confessional statement of the petitioner which was recorded in

          another case 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     Additional Chief Judicial Magistrate-XIII, Saran at

          Chapra in connection with Taraiya P.S. Case No. 88 of 2025,

          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
               Patna High Court CR. MISC. No.83472 of 2025(3) dt.17-01-2026
                                                           4/4




                         shall not be delayed for purpose of or in the name of

                         verification.



                                                                       (Rajesh Kumar Verma, J)
Ibrar//-

U          T


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