Patna High Court
Akash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Narcotic Substances Act — s. 309(4)
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
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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
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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
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shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
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