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Patna High Court

Aniket Kumar @ Aniket YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.90737 of 2025(2) dt.13-01-2026
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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
            Patna High Court CR. MISC. No.90737 of 2025(2) dt.13-01-2026
                                                        3/3




                      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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