Patna High Court
Awadhesh Kumar @ Avdhesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
Holding
The court held that anticipatory bail could not be granted to the petitioner.
Summary
Awadhesh Kumar applied for anticipatory bail fearing arrest in a road robbery case (PS Sonbarsa Case No.36 of 2022) involving offences under IPC Sections 395 and 397. The FIR was lodged against unknown persons, and the petitioner’s name surfaced only through a confessional statement of an accused named Manish, which the petitioner argued lacked evidentiary value. The State opposed bail, highlighting the seriousness of the offences, the petitioner’s prior case, and the risk of absconding. The court examined the relevance of the confessional statement and the petitioner’s antecedents. Concluding that the investigation was at a nascent stage and the risk of absconding existed, the court refused to grant anticipatory bail.
Issues considered
- Whether anticipatory bail under Section 438 of the CrPC should be granted in a case of road robbery and dacoity.
- Whether a confessional statement of a co-accused can be relied upon to justify denial of bail.
- Whether the petitioner’s prior case and risk of absconding warrant refusal of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438
- Indian Penal Code — s. 395, 397
Subjects
- anticipatory bail
- road robbery
- dacoity
- IPC
- CrPC
- confessional statement
- bail denial
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86299 of 2025
Arising Out of PS. Case No.-36 Year-2022 Thana- SONBERSA District- Sitamarhi
======================================================
Awadhesh Kumar @ Avdhesh Kumar S/O Siman Ray Resident of Village-
Basatpur, Ward No. 7, P.S- Sonbarsa, District- Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shankar Kumar, Advocate
For the Opposite Party/s : Md. Fahimuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 21-01-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Sonbarsa P.S. Case No. 36 of 2022 registered for the
offences punishable under Sections 395 and 397 of the Indian
Penal Code.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case and the informant alleges
that while he was returning home along with his son, when they
were intercepted by three unknown accused who looted Rs.
50,000/- from informant and his son after making firing.
4. Learned counsel for the petitioner submits that FIR
is against unknown and the name of the petitioner transpired
during the course of investigation in the confessional statement
Patna High Court CR. MISC. No.86299 of 2025(2) dt.21-01-2026
2/2
of Manish in police custody which does not have any
evidentiary value
5. Learned A.P.P. for the State vehemently opposes
the anticipatory bail application and submits that it is a case of
road robbery and petitioner has antecedent of one case, no doubt
the name of the petitioner transpired in the confessional
statement of Manish, but then investigation of the case is in its
nascent stages and if privilege of anticipatory bail is granted to
the petitioner, the petitioner may abscond.
6. Considering the submissions made by the learned
APP for the State, the Court is not inclined to extend the
privilege of anticipatory bail to the petitioner.
7. Accordingly, the instant anticipatory bail
application stands rejected.
(Satyavrat Verma, J)
Rishabh/-
U T
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