Patna High Court
Solanki @ Anshu @ Avinash KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court held that bail could not be granted as the petitioner’s alleged involvement was supported by the self‑incriminatory statement of the co‑accused.
Summary
The petitioner, Solanki @ Anshu @ Avinash Kumar, was arrested in connection with a case registered under Section 309(4) of the Bihar Narcotic Substances Act for the alleged looting of a motorcycle. He claimed that he had been falsely implicated and that he had five prior criminal antecedents, having been in custody since 28‑07‑2025. The State opposed his bail application, relying on a self‑incriminatory statement made by a co‑accused that implicated the petitioner. The petitioner’s counsel assured cooperation with the trial and sought regular bail. The Court, after considering the prosecution’s evidence and the co‑accused’s statement, was not inclined to grant bail and dismissed the bail application.
Issues considered
- Whether the petitioner is entitled to bail despite the self‑incriminatory statement of a co‑accused.
- Whether the alleged false implication and the nature of the offence under Section 309(4) B.N.S. justify denial of bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 309(4)
Subjects
- bail
- criminal procedure
- self‑incriminatory statement
- false implication
- Section 309(4) B.N.S.
- theft
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91012 of 2025
Arising Out of PS. Case No.-117 Year-2025 Thana- PARWALPUR District- Nalanda
======================================================
Solanki @ Anshu @ Avinash Kumar S/O Uday Kumar Arya R/O Village-
Rampur, P.S.- Aungari, District- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anil Kumar Singh, Advocate
For the Opposite Party/s : Mr.Jharkhandi Upadhyaya, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 06-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with
Parwalpur P.S. Case No. 117/2025 registered for the offences
punishable under Section 309(4) of B.N.S.
3. As per the prosecution case, four unknown
criminals looted one motorcycle belonging to the informant.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in the case. Learned
counsel further submits that he has five criminal antecedents
and he is in custody since 28.07.2025. The petitioner undertakes
to co-operate in the case/ trial.
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner on the ground that the name of
Patna High Court CR. MISC. No.91012 of 2025(4) dt.06-04-2026
2/2
the petitioner has come in the self-inculpatory statement of the
co-accused.
6. Considering the aforesaid facts, this Court is not
inclined to grant bail to the petitioner.
7. Accordingly, this application stands dismissed.
(Sandeep Kumar, J)
tusharika/-
U T
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