Akshay Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Akshay Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Pre-arrest bail granted conditionally: upon the learned District Court verifying that no stolen articles were recovered from the petitioner's house, the petitioner is to be released on pre-arrest bail in the event of arrest or surrender within four weeks, on a bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, subject to Section 482(2) BNSS conditions; the order lapses automatically if any undisclosed case is found pending against the petitioner.

Issue for consideration

Whether petitioner Akshay Kumar, whose name surfaced in Marhowrah P.S. Case No. 511 of 2025 (offence under Sections 309(6) BNS) only on the basis of the police-custody confessional statement of co-accused Ashif Ali, is entitled to pre-arrest bail.

Court's answer

This court held that the petitioner has prima facie made out a case to be released on pre-arrest bail, reasoning (as recited in the court's own paragraph) that the FIR is against unknown persons, the petitioner's name surfaced only through the confessional statement of co-accused Ashif Ali made in police custody, which the court treated as having no evidentiary value in the eye of law, and the petitioner has clean antecedents.

Ratio / Principle

Release on pre-arrest bail was made conditional: the learned District Court is first directed to verify whether any stolen articles were recovered from the house of the petitioner; if none were recovered, the petitioner is to be released on pre-arrest bail upon arrest or surrender before the learned District Court within four weeks, on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each, subject to the conditions laid down under Section 482(2) of the BNSS.

Key takeaways

The learned District Court is further directed to verify the criminal antecedent of the petitioner as stated in paragraph no. 3 of the bail application; if any other case is found pending against the petitioner beyond what was so stated, this order will lose its force automatically.ratio¶24

Detailed headnote1 paragraphs

Pre-arrest bail granted conditionally — Patna High Court, CRIMINAL MISCELLANEOUS No.43756 of 2026 (Purnendu Singh, J.), decided 08-07-2026, arising out of Marhowrah (Madhaurah) P.S. Case No. 511 of 2025, District Saran, registered under Sections 309(6) of the BNS. Per the FIR, three unknown miscreants robbed cash of approximately Rs. 50,000 to Rs. 60,000 and silver ornaments from the informant's shop and assaulted him with the butt of a pistol (¶15). The court found the petitioner prima facie entitled to pre-arrest bail because the FIR named only unknown persons, the petitioner's name surfaced solely through the police-custody confessional statement of co-accused Ashif Ali — which the court held to have no evidentiary value in the eye of law — and the petitioner has clean antecedents (¶¶18, 20). The grant was made subject to verification by the learned District Court that no stolen articles were recovered from the petitioner's house; if verified, the petitioner is to be released on arrest or surrender within four weeks on a bail bond of Rs. 10,000/- with two sureties of the like amount each, subject to Section 482(2) of the BNSS (¶¶21, 23). The order is further directed to stand automatically void if any case other than those disclosed in paragraph 3 of the bail application is found pending against the petitioner (¶24).

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.43756 of 2026

Arising Out of PS. Case No.-511 Year-2025 Thana- MADHAURAH District- Saran

======================================================

Akshay Kumar, Son of Hari Kishor Sah, Resident of Village- Sarai (Saray Box), P.S.- Garkha, District- Saran

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Ranjit Kumar Thakur, Advocate For the Opposite Party/s : Mr. Shailendra Kumar, A.P.P. ======================================================

CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

2 08-07-2026

Heard Mr. Ranjit Kumar Thakur, learned counsel

appearing on behalf of the petitioner and Mr. Shailendra Kumar, learned APP for the State.

The petitioner seeks pre-arrest bail in connection with Marhowrah P.S. Case No. 511 of 2025, registered for the offence punishable under Sections 309(6) of the BNS.

As per the allegations made in the FIR, three unknown miscreants had allegedly entered into the shop of the informant, committed robbery of cash amounting to approximately Rs. 50,000 to Rs. 60,000 from the cash counter along with certain silver ornaments, and, while committing the offence, they had assaulted the informant by means of butt of pistol.

Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.43756 of 2026(2) dt.08-07-2026 2/3

petitioner submitted that petitioner is innocent and he has falsely been implicated in the present case. FIR is against unknown. Name of the petitioner has surfaced on the basis of confessional statement of co-accused Ashif Ali in police custody, which has no evidentiary value in the eye of law. Petitioner has clean antecedent. On these grounds, petitioner seeks to be released on pre-arrest bail.

Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

Having heard the rival submissions made on behalf of the parties, as well as, having perused the allegation made in the FIR, which is against unknown. Name of the petitioner has surfaced on the basis of confessional statement of co-accused Ashif Ali in police custody, which has no evidentiary value in the eye of law. Petitioner has clean antecedent. I am of the opinion that petitioner has, prima facie , made out a case to be released on pre-arrest bail.

Learned District Court is directed to verify, as to whether, any stolen articles were recovered from the house of the petitioner. In case, if it is found that no stolen articles have been recovered from the house of the petitioner, the petitioner, above named, is directed to be released on pre-arrest bail in the

Patna High Court CR. MISC. No.43756 of 2026(2) dt.08-07-2026 3/3

event of his/her arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned District Court where the case is pending, in connection with Marhowrah P.S. Case No. 511 of 2025, subject to the condition as laid down under Section 482(2) of the BNSS.

The learned District Court is directed to verify the criminal antecedent of the petitioner as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner as what has been stated in paragraph no. 3, this order will lose its force automatically.

(Purnendu Singh, J)

Niraj/-

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