Patna High Court
Akshay Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
Bail was granted to the petitioner.
Summary
Akshay Kumar Yadav applied for bail in a case (PS No. 255 of 2025) involving offences under Sections 309(6) and 103(1) of the Bhartiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act. The incident involved masked gunmen firing inside Shiv Jewellers, resulting in the death of the informant’s husband. The petitioner contended that he was not named in the FIR and was implicated solely on the confessional statement of co‑accused Ankit Kumar Yadav, with no weapons or other material recovered from him. He also highlighted his lack of prior criminal record and that he had been in custody since 27‑09‑2025. The State opposed bail, but the court, after considering the circumstances and the weak evidentiary basis, ordered the petitioner’s release on bail with a bond of Rs.10,000 and two sureties.
Issues considered
- Whether bail should be granted to the petitioner given the nature of the offences and the reliance solely on a co‑accused’s confessional statement.
- Whether the absence of material evidence against the petitioner justifies bail.
Legislation cited
- Arms Act — s. 27
- Bhartiya Nyaya Sanhita, 2023 — s. 103(1), 309(6)
Subjects
- bail
- criminal procedure
- confessional statement
- co-accused
- Arms Act
- Bhartiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.92077 of 2025
Arising Out of PS. Case No.-255 Year-2025 Thana- BAUNSI District- Banka
======================================================
Akshay Kumar Yadav, Son of Dipak Prasad Yadav, Resident of Village-
Hasdiha, P.S.- Hasdiha, District- Dumka (Jharkhand)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alka Panday, Advocate
For the Opposite Party/s : Mr.Awadhesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in connection with Bounsi
P.S. Case No. 255 of 2025 dated 31.08.2025, instituted for the
offence punishable under Sections 309(6), 103(1) of Bhartiya
Nyaya Sanhita, 2023 and Section 27 of the Arms Act.
3. The prosecution case, in short, is that on the alleged
date of occurrence, four masked criminals entered Shiv Jewellers
at Station Road where the informant’s husband was doing
business. The assailants opened fire inside the shop, causing
serious gunshot injuries to the husband of the informant. Later, the
husband of the informant succumbed to injuries during treatment.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in this
Patna High Court CR. MISC. No.92077 of 2025(2) dt.15-01-2026
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case. Learned counsel for the petitioner submits that the petitioner
is not named in the F.I.R. Only on the basis of confessional
statement of co-accused, Ankit Kymar Yadav, the name of the
petitioner has been dragged in this case. Nothing has been
recovered either from the conscious possession of the petitioner or
from his house. It is further submitted that the arms were
recovered from the possession of Ankit Kumar Yadav. There is no
cogent material against the petitioner except the confessional
statement of the co-accused Ankit Kumar Yadav. Lastly, it has
been submitted that the petitioner is in custody since 27.09.2025
having no criminal antecedents. Charge-sheet has been submitted
in the case.
5. Learned A.P.P. has opposed the prayer for bail of the
petitioner.
6. Having considered the facts and circumstances of the
case and submissions of learned counsel for the parties, let the
petitioner be released on bail upon furnishing bail bonds of Rs.
10,000/- (ten thousand) with two sureties of the like amount each
to the satisfaction of the learned Chief Judicial Magistrate, Banka,
in Bounsi P.S. Case No. 255 of 2025.
(Khatim Reza, J)
premchand/-
U T
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