Patna High Court
Abhishek KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- B.N.S. — s. 310(2), 3(5)
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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