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Patna High Court

Amrish KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                       3/3




                     under Section 482(2) of the Bharatiya Nagarika Suraksha

                     Sanhita, 2023.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T


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