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Patna High Court

Aashish KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Aashish Kumar, applied for regular bail in a case registered under sections 103(1), 61(2), 3(5) of the Bihar Narcotic Substances Act and section 27 of the Arms Act. He contended that he was not named in the FIR and was implicated only through a confessional statement recorded in a separate police case. Although he had been in custody since 6 August 2025, the investigation against him was complete and he already had bail in two other pending cases. The State opposed the bail, but the court noted that the petitioner was merely a conspirator, co‑accused had been granted bail, and the investigation was concluded. Consequently, the court ordered his release on regular bail upon furnishing a bond of Rs.20,000 with two sureties.

Issues considered

  • Whether regular bail should be granted when the accusation is based solely on the petitioner’s own confessional statement.
  • Whether the completion of investigation and bail granted to co‑accused justify granting bail to the petitioner.

Legislation cited

Subjects

  • regular bail
  • confessional statement
  • investigation completed
  • co‑accused bail
  • Arms Act
  • Bihar Narcotic Substances Act
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.90133 of 2025
                   Arising Out of PS. Case No.-574 Year-2024 Thana- SAHEBGANJ District- Muzaffarpur
                 ======================================================
                 Aashish Kumar S/O Sunil Singh R/O Village- Balthi Narsing @ Balthi
                 Narhar, P.S- Sahebganj, Distt.- Muzaffarpur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s           : Mr. Nachiketa Jha, Adv.
                 For the Opposite Party/s       : Mr. Md. Fahimuddin
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

2   13-01-2026                    Heard the parties.

                                2. Petitioner seeks regular bail in connection with

                   Sahebganj P.S. Case No. 574 of 2024 registered for the offences

                   punishable under sections 103(1), 61(2) and 3(5) of the BNS as

                   well as under Section 27 of the Arms Act.

                                3. The main submissions advanced by the petitioner’s

                   counsel are that the petitioner is not named in the FIR and his

                   name has surfaced in the present case only on the basis of his

                   own confessional statement recorded in Sahebganj P.S. Case

                   No. 25 of 2025. It is further submitted that the petitioner has

                   been languishing in jail since 06.08.2025, though against the

                   petitioner there are criminal antecedents of two cases but he is

                   on bail in those cases. and the investigation has been completed

                   against him.
            Patna High Court CR. MISC. No.90133 of 2025(2) dt.13-01-2026
                                                        2/2




                                   4. Learned APP for the State has opposed the bail

                      prayer of the petitioner.

                                   5. Considering the above submissions, and averments

                      made in this application mainly taking into account the

                      petitioner’s plea that he has been made accused mainly on the

                      basis of his own confessional statement which is said to have

                      been recorded by him in Sahebganj P.S. case no. 25 of 2025 and

                      he has been shown only as one of the conspirators coupled with

                      privilege of bail having been granted to the co-accused by the

                      co-ordinate Bench of this Court, the petitioner’s custody period

                      and completion of investigation against him, this court is

                      inclined to release the petitioner on bail. Accordingly, let the

                      petitioner named-above be released on bail on furnishing bail

                      bond of Rs.20,000/- (Rupees Twenty Thousand) with two

                      sureties of the like amount each to the satisfaction of the court

                      concerned in connection with Sahebganj P.S. Case No. 574 of

                      2024.




                                                (Shailendra Singh, J)

siddharthkr/-

U       T


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