Patna High Court
Ashutosh Kumar @ Aashutosh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Anticipatory bail was granted to the petitioner subject to bond and conditions.
Summary
The petitioner, Ashutosh Kumar, sought anticipatory bail in a case registered under Section 414 IPC concerning the recovery of a stolen motorcycle. His name appeared only in the confessional statements of co-accused Md. Ashik and Md. Shahid Raza, and he claimed no prior knowledge of the case. The State opposed the bail, citing two criminal antecedents, though the petitioner was already on bail in those matters. The Court considered the lack of coercive action, the petitioner’s cooperation, and the fact that his involvement was limited to the co-accused’s confession. It granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and conditions of cooperation and a family member as a bailor.
Issues considered
- Whether anticipatory bail can be granted under Section 438 CrPC when the petitioner’s alleged involvement is solely based on a co-accused’s confessional statement.
- Whether the petitioner’s prior criminal antecedents preclude the grant of anticipatory bail.
Legislation cited
- B.N.S.S., 2023 — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
- Indian Penal Code — s. 414
Subjects
- anticipatory bail
- Section 438
- Theft of motor vehicle
- confessional statement
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88080 of 2025
Arising Out of PS. Case No.-295 Year-2014 Thana- PURNEA SADAR District- Purnia
======================================================
Ashutosh Kumar @ Aashutosh Kumar Son of Chhavi Lal Yadav Resident of
Naya Tola, Jurabganj PS- Korha District -Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Md Fazle Karim
For the Opposite Party/s : Mr.Rabindra Kumar
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
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 a case
registered under Section 414 of the Indian Penal Code.
3. The prosecution case relates to the recovery of a
stolen motorcycle from two accused persons Md. Ashik and Md.
Shahid Raza.
4. Learned counsel for the petitioner submits that it
would be apparent from the first information report that the so
called motorcycle was recovered from the two other accused
persons and so far as the present petitioner is concerned, his
name transpired during the course of investigation upon the
confessional statement of Md. Ashif and the petitioner had no
knowledge whatsoever that his name also appears in the present
case as an accused. It is further submitted that the petitioner
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works at Kotak Mahendra Bank and the police started searching
for him after ten years of the alleged incident and no coercive
processes were issued against him.
5. The application for anticipatory bail is opposed by
learned A.P.P. for the State submitting that the petitioner has two
criminal antecedent. However, it has been stated that he is on
bail in both the cases.
6. Taking into consideration the facts and
circumstances and also considering the fact that the name of the
petitioner has transpired in the confessional statement of co-
accused and he had no knowledge of the present case, let the
petitioner above named, in the event of his arrest or surrender
before the learned Court below within a period of four weeks,
be released on anticipatory bail in connection with
Supplementary Sadar P.S. Case no.295 of 2014 on furnishing
bail bond of Rs.10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Court below where the case is pending subject to the condition
laid down under Section 438(2) of the Code of Criminal
Procedure/Section 482(2) of the B.N.S.S, 2023, subject to the
conditions:
(i) The petitioner would cooperate in the
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investigation/ trial and in case the petitioner does not cooperate
or any delay is caused on account of his non cooperation, the
prosecution as well as learned court concerned would be at
liberty to get the bail bonds of the present petitioner cancelled.
(ii) One of the bailors will be a family member/close
relative.
(Soni Shrivastava, J)
devendra/-
U T
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