Created by Fuzzy Cloud

Patna High Court

Awadhesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                 ======================================================
                 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
                                            2/3




          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
                                                          3/3




                        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/-

U         T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.