Patna High Court
Aniket Kumar @ Aniket YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
The petitioner, Aniket Kumar, was arrested on 14 July 2025 in connection with a bank robbery alleged under Section 392 of the IPC, where four accused allegedly looted Rs. 10,95,975. The petitioner contended that he was falsely implicated, asserting that his name was not mentioned in the FIR and was only linked through a confessional statement of another accused. The prosecution opposed bail, highlighting the seriousness of the offence and the petitioner’s six prior criminal antecedents, though noting he is on bail in five other cases. The court examined the lack of direct evidence against the petitioner and the procedural aspects of the charge sheet. Considering the circumstances, the court granted bail on a bond of Rs. 10,000 with two sureties, imposing conditions of cooperation, appearance, and non‑tampering with evidence, and allowing for cancellation if antecedents were concealed. The order emphasized that verification of antecedents should not delay the acceptance of bail.
Issues considered
- What is the appropriate exercise of discretion by the court in granting bail to an accused charged under Section 392 IPC, considering the seriousness of the offence and the petitioner’s prior criminal antecedents?
Legislation cited
- Indian Penal Code — s. 392
Subjects
- bail
- robbery
- Section 392 IPC
- criminal antecedent
- confessional statement
- bank robbery
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90737 of 2025
Arising Out of PS. Case No.-61 Year-2021 Thana- MADHUBAN District- East Champaran
======================================================
Aniket Kumar @ Aniket Yadav Son of Awadhesh Rai @ Awadhesh Kumar
Resident of Village- Sheikhpurdab, Ps- Ahiyapur, Dist- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Vaishnavi Singh, Advocate
For the Opposite Party/s : Mr. Humayou Ahmad Khan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 13-01-2026 Heard Mrs. Vaishnavi Singh, learned counsel for the
petitioner and Mr. Humayou Ahmad Khan, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
14.07.2025 in connection with Madhuban P.S. Case No. 61 of
2021, F.I.R. dated 03.03.2021 for the offences punishable under
Section 392 of the IPC.
3. According to prosecution case, four miscreants on
the point of weapon looted Rs. 10,95,975/- from the Bank where
the informant was posted as Branch Manager.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. The allegation as alleged in the F.I.R is false and
fabricated and the petitioner has not committed any offence as
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alleged in the F.I.R. The petitioner is not named in the F.I.R and
his name has been transpired on the basis of the confessional
statement of Rahul Kumar @ Raja Singh @ Babu Saheb and
except the aforesaid, no other cogent material has come during
investigation which suggest the involvement of the petitioner in
the present occurrence. She further submits that the police after
investigation submitted the charge sheet against the petitioner.
The petitioner is in custody since 14.07.2025.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that the name of the petitioner has been transpired
during investigation and apart from that the petitioner carries six
criminal antecedents other than the present one but fairly
submits that the petitioner is on bail in five cases and one case is
pending for consideration before the competent court of law.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released 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 CJM, East
Chamaparan in connection with Madhuban P.S. Case No. 61 of
2021, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
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properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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