Patna High Court
Aashish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
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
- Arms Act — s. 27
- Bihar Narcotic Substances Act — s. 103(1), 3(5), 61(2)
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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