Patna High Court
Amrish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted anticipatory bail to the petitioner subject to conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.
Summary
Amrish Kumar sought anticipatory bail fearing arrest in a case (Mirganj P.S. Case No. 521 of 2024) involving alleged extortion, assault and firing, charged under several sections of the Bharatiya Nyaya Sanhita, 2023 and the Arms Act. The prosecution alleged that the petitioner participated in the crime alongside others, while the petitioner contended he was falsely implicated, not named in the FIR, and that the only basis for his involvement was a self‑confessional statement before police, which he argued lacks evidentiary value. The State opposed the bail, asserting the seriousness of the offences. The Court examined the admissibility of the confessional statement, the nature of the allegations, and the petitioner’s prior criminal antecedent, and concluded that bail could be granted subject to strict conditions. Accordingly, the Court ordered anticipatory bail on the condition of furnishing bail bonds and sureties, invoking Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in view of the allegations and the confessional statement.
- Whether a self‑confessional statement made before police has evidentiary value for bail considerations.
- Whether the seriousness of the offences and the petitioner’s prior criminal antecedent preclude grant of bail.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 111, 118(2), 126(2), 308(4), 3(5)
Subjects
- anticipatory bail
- confessional statement
- false implication
- extortion
- assault
- criminal antecedent
- bail conditions
- Indian criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 86511 of 2025
Arising Out of PS. Case No.-521 Year-2024 Thana- MIRGANJ District- Gopalganj
======================================================
Amrish Kumar S/o Jitendra Yadav R/o Village- Harkhauli, Paschim Tola, PS-
Mirganj, District- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vyas Kumar Mishra, Advocate
For the Opposite Party/s : Mr.Rajendra Nath Jha, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in connection
with Mirganj P.S. Case No. 521 of 2024 instituted for the
offences under Sections 126(2), 109, 118(2), 111, 308(4), 3(5)
of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the
Arms Act.
3. Prosecution case, in short, is that one Parmender
Yadav demanded Rs. 20 lakhs extortion from informant’s
husband and later on, he along with other accused persons
including the petitioner encircled the informant’s husband and
assaulted him and also fired upon him.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. The
Patna High Court CR. MISC. No. 86511 of 2025(2) dt.15-01-2026
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petitioner is not named in the F.I.R. The name of the petitioner
has transpired in this case on the basis of self confessional
statement of petitioner, which has no evidentiary value. The
confessional statement made before the Police has no
evidentiary value. Learned counsel for the petitioner submitted
that general and omnibus allegation has been made against the
petitioner. He further submitted that other co-accused has been
granted regular bail vide order dated 18.08.2025 passed in
Criminal Miscellaneous No. 41686 of 2025. The petitioner has
been accused in this case only on the basis of previous criminal
antecedent. It has been submitted on behalf of the petitioner that
the petitioner has one criminal antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, let the petitioner above named, in the event of
arrest/surrender before the learned Court below within a period
of six weeks from today, be released on anticipatory bail on
furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand)
with two sureties of the like amount each to the satisfaction of
Court below/concerned Court in connection with Mirganj P.S.
Case No. 521 of 2024, subject to the conditions as laid down
Patna High Court CR. MISC. No. 86511 of 2025(2) dt.15-01-2026
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under Section 482(2) of the Bharatiya Nagarika Suraksha
Sanhita, 2023.
(Rudra Prakash Mishra, J)
manish/-
U T
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