Allowed¶20

Akash Kumar Sah v. The State of Bihar

Patna HC4 Feb 2026CR. MISC./6883/2026

Case brief

AI extract

What is this about?

Anticipatory bail granted; S.310(2) Bharatiya Nyaya Sanhita; Bisanpur P.S. Case No.84 of 2025, District Darbhanga; petitioner Akash Kumar Sah; implicated via co-accused Sundar Yadav's confessional statement; no recovery from petitioner or his house; three-day delay in FIR; no criminal antecedents; APP opposed; bail bond Rs. 10,000 with two like sureties; A.D.J.-VIIth Darbhanga; conditions under S.482(2) BNSS plus four additional conditions.

What did the court decide?

Anticipatory bail granted: petitioner to be released on bail upon arrest or surrender within six weeks, on bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned A.D.J.-VIIth, Darbhanga/Successor Court, subject to Section 482(2) BNSS conditions and four additional conditions. ¶20

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

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, apprehending arrest in connection with Bisanpur P.S. Case No.84 of 2025 (offence under Sections 310(2) of the Bharatiya Nyaya Sanhita), should be released on bail in the event of his arrest or surrender.

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Court's answer

Considering the facts and circumstances of the case, the Court directed that the above-named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below, within a period of six weeks.

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Ratio / Principle

The bail grant is conditional on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned A.D.J.-VIIth, Darbhanga/Successor Court, subject to the conditions laid down under Section 482(2) of the BNSS and four further conditions: (i) one bailor to be a family member/relative providing official proof of bona fide; (ii) appearance on every Trial Court date, failure on two consecutive dates without plausible reason entailing cancellation of the bail bond by the Trial Court; (iii) no inducement, promise or threat to witnesses or tampering with evidence, failing which the State may seek cancellation; and (iv) desistance from committing any criminal offence again, failing which the State may seek cancellation of the bail bonds.

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Detailed headnote1 paragraphs

Anticipatory bail — Patna High Court (Ajit Kumar, J.), order dated 04-02-2026 in Crl. Misc. No.6883 of 2026, granted pre-arrest bail to Akash Kumar Sah apprehending arrest in Bisanpur P.S. Case No.84 of 2025, dated 02.06.2025, registered for the offence punishable under Sections 310(2) of the Bharatiya Nyaya Sanhita. Counsel submitted that the petitioner was falsely implicated, his name surfacing solely through the confessional statement of co-accused Sundar Yadav, with no incriminating recovery from his possession or house (searched in his absence), an unexplained three-day delay in the FIR, and no criminal antecedents; the learned APP opposed the bail prayer. The Court, considering the facts and circumstances, ordered release on bail in the event of arrest or surrender within six weeks, on a bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned A.D.J.-VIIth, Darbhanga/Successor Court, subject to the conditions under Section 482(2) of the BNSS and four additional conditions (family-member bailor with bona fide proof; attendance on every Trial Court date with cancellation after two consecutive unexplained absences; no witness inducement/tampering; desistance from further offences).

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6883 of 2026

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Arising Out of PS. Case No.-84 Year-2025 Thana- BISHANPUR District- Darbhanga

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

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Akash Kumar Sah S/o- Devendra Kumar Sah @ Devendra Sah R/o VillageTaralahi Ps-Bahadurpur Dist- Darbhanga

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Baidyanath Prasad For the Opposite Party/s : Mr. Rajendra Prasad Nat ======================================================

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CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER

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2 04-02-2026

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Heard learned counsel for the petitioner and

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learned APP for the State.

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The petitioner apprehends his arrest in connection with Bisanpur P.S. Case No.84 of 2025, dated 02.06.2025, registered for the offence punishable under Sections 310(2) of the Bharatiya Nyaya Sanhita.

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The informant alleged that on 31.05.2025, while travelling with his family from Hajipur to Darbhanga (Bakarganj) in a booked tempo, 5–10 unknown armed persons intercepted the vehicle near Bhasaul Chowk. They took the tempo into a forest, searched their luggage, and threatened to kill them unless money was paid. The informant transferred money via mobile, after which the miscreants snatched jewellery worth about Rs.2.5 lakhs from his sister and wife and

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Patna High Court CR. MISC. No.6883 of 2026(2) dt.04-02-2026 2/3

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also took a trolley bag containing Rs.20,000 in cash.

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Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case. He further submits that the name of the petitioner has surfaced solely on the basis of the confessional statement made by the co-accused, Sundar Yadav, while nothing incriminating has been recovered either from the conscious possession of the petitioner or from his house, which was searched in his absence. There is a delay of three days in lodging the FIR, for which no explanation has been offered, and the petitioner has been implicated at the instance of the informant, who is a liquor trader. Lastly, it is submitted that the petitioner has no criminal antecedents.

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On the other hand, the learned APP for the State has opposed the prayer for bail of the petitioner.

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Considering the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six 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 A.D.J.-VIIth, Darbhanga/Successor Court in connection with Bisanpur P.S.

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Patna High Court CR. MISC. No.6883 of 2026(2) dt.04-02-2026 3/3

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Case No.84 of 2025 subject to the conditions as laid down under Section 482(2) of the BNSS as well as the following conditions:

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(i) One of the bailors should be the family member/relative of the petitioner(s) who shall provide official document to show his/her bona fide;

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(ii) the petitioner(s) shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her/their bail bond by the Trial Court itself;

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(iii) the petitioner(s) shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

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(iv) the petitioner(s) shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds.

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(Ajit Kumar, J)

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shikha/-

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U T

Akash Kumar Sah v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Akash Kumar Sah v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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