Patna High Court
Awadhesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Bail was granted to the petitioner subject to a bond and conditions, as the prosecution failed to establish a prima facie case against him.
Summary
Awadhesh Kumar, who was not named in the FIR, was arrested on 7 May 2025 in connection with a murder case and alleged offences under Sections 103(1) and 61(2) of the Bihar Non‑Compulsory Statutes and the Arms Act. The prosecution’s case rested mainly on a confessional statement of a co‑accused, with no eyewitnesses linking the petitioner to the crime. The petitioner argued that he had a clean antecedent, was merely a friend of another accused, and that the investigation was already completed, leaving no prima facie material against him. The court observed that the only basis for the accusation was suspicion arising from the co‑accused’s confession and that no substantive evidence connected the petitioner to the offence. Consequently, the court ordered his release on bail, subject to a bond of Rs. 10,000 with two sureties and conditions under Section 437(3) of the Cr.P.C. and Section 480(3) of the BNS.
Issues considered
- What is the appropriate decision on bail when the only evidence against the accused is a confessional statement of a co‑accused and no direct material links him to the alleged crime?
Legislation cited
- Arms Act, 1959 — s. 25(1‑B), 26, 27, 35
- Code of Criminal Procedure, 1973 — s. 437(3)
Subjects
- bail
- confessional statement
- prima facie evidence
- arms act
- murder
- investigation completed
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 85147 of 2025
Arising Out of PS. Case No.-644 Year-2024 Thana- MAJHAULIA District- West Champaran
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Awadhesh Kumar S/o Bindeshwari Das R/o Village - Purushottampur, Ward
No. 11, P.S - Majhauliya, District - West Champaran. ... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bimlesh Kumar Pandey, Advocate
For the Opposite Party/s : Mr.Suresh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 10-02-2026 Heard learned counsel appearing on behalf of the
parties.
2. The petitioner seeks bail in connection with Sessions
Case No. 564/2025 arising out of Majhualiya P.S. Case No. 644 of
2024 registered for the offence under Sections 103(1)/ 61(2) of
the BNS and Section 27 of Arms Act, in which cognizance was
taken for the offences under Sections 103(1), 61(2) of BNS and
Section 25(1-B)/26/35/27 of Arms Act.
3. The petitioner is not named in the F.I.R. and is in
custody since 07.05.2025.
4. As per FIR, some unknown persons committed
murder of younger son of the informant namely Abhinandan
Kumar who was doing job of Mason at Bangalore and came to his
village on the eve of Chhath Puja.
5. Learned counsel appearing on behalf of the petitioner
Patna High Court CR. MISC. No. 85147 of 2025(2) dt.10-02-2026
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submitted that no one is the eye witness of the occurrence and
mere upon the suspicion arising out of confessional statement of
apprehended co-accused, petitioner was implicated with present
case. It is submitted that being co-villager and resident of nearby
locality the petitioner was in talking terms with other alleged co-
accused persons. It is submitted that even from the perusal of
confessional statement the thrust of allegation appears against co-
accused Sukesh Patel. It is further submitted that with recovered
country-made pistol and cartridge petitioner not appears
connected in any manner and his implication prima-facie appears
only being friend of co-accused Sukesh Patel. While concluding the
argument, it is submitted that petitioner is a man of clean
antecedent and moreover, investigation of this case is completed,
as such, there is no chance of tampering with the evidence.
6. Learned APP opposed the prayer of bail.
7. In view of aforesaid factual submissions and by
taking note of fact as save and except suspicion arising out of
confessional statement nothing transpires prima-facie during
investigation as to connect him with present crime in question,
coupled with fact that investigation of this case already completed,
where petitioner remains in custody since 07.05.2025, accordingly
petitioner above named, is directed to be released on bail in
Patna High Court CR. MISC. No. 85147 of 2025(2) dt.10-02-2026
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connection with Majhualiya P.S. Case No. 644 of 2024 on
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of learned
District and Additional Sessions Judge-2nd, Bettiah, West
Champaran/concerned court, subject to the conditions as
mentioned under Section 437(3) of the Cr.P.C/ Section 480(3) of
BNSS.
(Chandra Shekhar Jha, J)
veena/-
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