Patna High Court
Abhisek Kumar @ Abhisek YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- S B P SINGH
Holding
The court granted bail to the petitioner with specified conditions.
Summary
The petitioner, Abhisek Kumar, applied for regular bail in a case registered under Section 309(4) of the BNS concerning alleged robbery of cash and clothing. The prosecution’s case is based primarily on a confessional statement of a co-accused, which the petitioner’s counsel argued lacks evidentiary value and that no material has been recovered from him. The petitioner has been in custody since July 2025, has no prior criminal record, and no identification parade has been conducted. The State opposed bail, but the court considered the lack of substantive evidence, the duration of custody, and the petitioner’s cooperation. The court ordered bail on a bond of Rs.10,000 with two sureties, subject to conditions of physical presence at trial and a family member as bailor.
Issues considered
- Whether bail should be granted in a case under Section 309(4) of the BNS where the primary evidence is a co-accused’s confessional statement.
- Whether the absence of a Test Identification Parade and lack of recovered material affect the bail decision.
- Whether the petitioner’s right to liberty outweighs the prosecution’s claim of involvement in the alleged robbery.
Legislation cited
- BNS — s. 309(4)
Subjects
- bail
- Section 309(4) BNS
- confessional statement
- identification parade
- criminal procedure
- presumption of innocence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91097 of 2025
Arising Out of PS. Case No.-355 Year-2024 Thana- UDWANTNAGAR District- Bhojpur
======================================================
Abhisek Kumar @ Abhisek Yadav S/O Babudhan Yadav Resident of Village-
Repura Tola Neurpokhar, P.S - Jagdishpur, District - Bhojpur, Ara
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Akash Kumar Mishra
For the Opposite Party/s : Mr.Ram Anurag Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Udwantnagar P.S. Case
No. 355 of 2024 registered for the offences punishable under
Sections 309(4) of the BNS.
3. As per the prosecution story, the informant has
alleged that on 13.08.2024, he arrived at Ara Railway Station
from Kolkata at about 05:30 a.m. He is engaged in the business
of buying and selling cattle, and his relative Haji Nawab
Ahmed, was accompanying him. From Ara Railway Station, he
along with his acquaintances hired an auto-rickshaw from Bihari
Mill Road and proceeded towards Gadhani Cattle Fair for
purchasing cattle. When they reached near Tetaria, suddenly
Patna High Court CR. MISC. No.91097 of 2025(2) dt.15-01-2026
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three to four unknown persons, riding on two motorcycles
having their faces covered with handkerchiefs, intercepted their
auto-rickshaw. They came from behind, blocked the auto-
rickshaw, and surrounded it. One of the miscreants pointed a
country-made pistol at him and forcibly attempted to snatch the
bag he was carrying. When he resisted, the miscreant threatened
him to leave the bag, otherwise he would shoot him. Out of fear,
the informant left the bag, which was containing cash
amounting to Rs. 3,00,000/- and some clothes. After snatching
the bag, all the accused fled towards Zero Mile.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in this
case due to suspicion. From bare perusal of the F.I.R., it
transpired that petitioner was initially not named in the F.I.R.
but subsequently his name has been transpired in the instant
case merely on the basis of confessional statement of co-
accused namely, Deepak Kumar Chandravanshi made before the
police, which has no evidentiary value in the eyes of law. The
petitioner has not committed any offence as alleged in the F.I.R.
Learned counsel further submits that nothing has been recovered
from the conscious possession of the petitioner or from his
house. Police has not conducted Test Identification Parade of the
Patna High Court CR. MISC. No.91097 of 2025(2) dt.15-01-2026
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petitioner till date and he is in custody since 24.07.2025 having
no criminal antecedent. After completion of investigation
chargesheet has been submitted by the police against the
petitioner in the present case.
5. Learned A.P.P. appearing on behalf of the State has
vehemently opposed the prayer for bail of the petitioner.
6. Keeping in view the aforesaid facts and considering
the period under custody, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned Chief Judicial Magistrate, Bhojpur, Ara in
connection with Udwantnagar P.S. Case No. 355 of 2024 subject
to the following conditions :-
(i). Petitioner will remain physically present in trial on
each and every date till the disposal of the case failing which, on
two consecutive dates without reasonable cause, the bail bond of
the petitioner may be cancelled by the Trial Court.
(ii). One of the bailor shall be his family member.
(S. B. Pd. Singh, J)
Ankit Kumar/-
U T
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