Patna High Court
Agam Kumar @ Agam Kumar SinghversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail may be granted when the petitioner is not directly implicated in the FIR and the only allegation is a conspiratorial link derived from confessional statements, subject to section 482(2) of the BNS.
Summary
The petitioner sought bail fearing arrest in a case registered under sections 103(1) and 61(2) of the Bharatiya Nagarik Suraksha Sanhita (BNS) relating to the shooting of an informant's father. The FIR did not name the petitioner; his name emerged only from the confessional statements of co‑accused, alleging him as a conspirator with no direct participation. The State opposed bail, arguing the seriousness of the offences. The Court examined the material, noting the lack of direct evidence linking the petitioner to the incident and held that bail could be granted subject to conditions. Accordingly, the Court ordered bail on a bond of Rs 10,000 with two sureties, subject to the provisions of section 482(2) of the BNS, and disposed of the petition.
Issues considered
- Whether bail should be granted to a person not named in the FIR but implicated only through confessional statements of co‑accused.
- Whether the allegations under sections 103(1) and 61(2) BNS constitute sufficient ground to deny bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 103(1), 482(2), 61(2)
Subjects
- bail
- criminal procedure
- conspiracy
- confessional statement
- BNS
- section 103
- section 61
- section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89033 of 2025
Arising Out of PS. Case No.-36 Year-2025 Thana- Jaitpur District- Muzaffarpur
======================================================
Agam Kumar @ Agam Kumar Singh S/O Late Sudhir Singh R/O Vill.-
Koiriya Niyazat, P.S.- Paroo, Dist.- Muzaffarpur.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Thakur , Advocate
Mrs. Vaishnavi Singh, Advocate
Mr. Ritwik Thakur , Advocate
For the Opposite Party/s : Mr. Umeshanand Pandit , APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 10-02-2026 Heard learned counsel for the petitioner and the
State .
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under sections 103(1) and 61(2) of
the BNS.
3 . As per F.I.R. 04.03.2025 , father of informant was
shot dead by some unknown persons, while he was in his photo
studio shop .
4. It is submitted on behalf of the petitioners that
petitioner is not named in the F.I.R. The name of the petitioner
transpired during course of investigation in the confessional
statement of other co-accused persons. At best, this petitioner is
only alleged to be conspirator and there is no allegation that he
Patna High Court CR. MISC. No.89033 of 2025(2) dt.10-02-2026
2/2
participated in the alleged occurrence . Save and except,
confessional statement, there is nothing on record to show the
complicity of this petitioner in the alleged occurrence .
5 . Learned counsel for the State opposed the bail
petition .
6 Considering the aforesaid facts, materials available
on record and other circumstances of the case , in the event of
arrest or surrender within eight weeks from today, let the
petitioner, as named above, be enlarged on bail on furnishing
bail bond of Rs.10,000/-(ten thousand) with two sureties of the
like amount each to the satisfaction of the learned Judicial
Magistrate 1st Class, Muzaffarpur in connection with Jaitpur P.S.
Case No. 36 of 2025 , subject to the conditions laid down
under section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita , 2023 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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