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Patna High Court

Abhishek KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner on the condition of a Rs. 10,000 bond with two sureties.

Summary

The petitioner, Abhishek Kumar, applied for bail in a case registered under Sections 310(2) and 3(5) of the B.N.S., alleging that he was falsely implicated in a robbery where seven persons on three bikes seized an informant's bike and mobile. The prosecution’s case is based on the incident report and the recovery of a stolen mobile from a co‑accused, Nitesh Kumar, whose confessional statement mentions the petitioner’s name. The petitioner contended that the FIR was lodged against unknown miscreants, he has no criminal antecedent, and the only evidence against him is the co‑accused’s statement. The State opposed bail, arguing the seriousness of the offence. After hearing both sides, the Court found the circumstances sufficient to grant bail, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to bail despite the serious nature of the offences under Sections 310(2) and 3(5) of the B.N.S.
  • Whether the confessional statement of a co‑accused is sufficient ground to deny bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Section 310(2) B.N.S.
  • Section 3(5) B.N.S.
  • confessional statement
  • false implication

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87149 of 2025
                 Arising Out of PS. Case No.-291 Year-2025 Thana- PIPRAKOTHI District- East Champaran
                 ======================================================
                 Abhishek Kumar, Son of Ajay Ram, R/o Village - Makari Mahuwa, P.S. -
                 Pipra Kothi, District - East Champaran, Motihari.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rajesh Kumar, Advocate
                 For the Opposite Party/s :       Ms. Nirmala Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   03-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Piprakothi P.S. Case No. 291 of 2025 registered for the

                   offence punishable under Sections 310(2) and 3(5) of B.N.S.

                                3. The case of the prosecution, in short, is that seven

                   persons on three bikes intercepted the informant, snatched his

                   bike and mobile.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this

                   case. The F.I.R. was lodged against unknown miscreants.

                   During course of investigation, one Nitesh Kumar was

                   apprehended and he has given his confessional statement. Name
             Patna High Court CR. MISC. No.87149 of 2025(3) dt.03-02-2026
                                                         2/2




                       of this petitioner has surfaced in the confessional statement of

                       co-accused Nitesh Kumar. It has further been submitted that

                       only stolen mobile has been recovered from his possession, the

                       bike has not been recovered from his possession. He is having

                       no criminal antecedent and he is languishing in judicial custody

                       since 23.08.2025.

                                    5. Learned APP appearing for the State has

                       vehemently opposed the application for bail.

                                    6. Having heard learned counsel for the parties and

                       considering the facts and circumstances of the case, this Court is

                       inclined to enlarge the petitioner on bail. The above named

                       petitioner is directed to be enlarged on bail on furnishing bail

                       bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                       of the like amount each to the satisfaction of the learned C.J.M.,

                       Motihari, East Chamapran in connection with Piprakothi P.S.

                       Case No.291 of 2025.


                                                      (Ashok Kumar Pandey, J)

lata/-
U        T


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