Akash Kumar @ Niranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17030 of 2026 Arising Out of PS. Case No.-833 Year-2025 Thana- SASARAM NAGAR District- Rohtas ====================================================== AKASH KUMAR @ NIRANJAN KUMAR S/o- Sanjay Paswan Resident of Village- Jgdevnagar, Bouliya Road, Sasaram Police Station- Sasaram T District- Rohtas ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raghunandan Kumar Singh For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-04-2026 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State, Sri Chandra Bhushan Prasad. 2.

The petitioner apprehends his arrest in connection with Sasaram (T) PS Case No. 833 of 2025 registered for the offences punishable under Sections 309(5) and 109 of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act. 3.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that he along with his family members were performing Laxmi puja on 21-10-2025 at 3 am at his jewellery shop, when two unknown accused came with an intent to commit loot, but informant closed the gate of the shop, when one accused started firing causing fire-arm injury to the informant on his chest and

Patna High Court CR. MISC. No.17030 of 2026(2) dt.08-04-2026 2/3 leg and his son was also shot in the leg.

4.

Learned counsel for the petitioner submits that the FIR is against unknown and the petitioner during the course of investigation came to be implicated based on confessional statement of Sonu in police custody, which does not have any evidentiary value. It is reiterated and submitted that petitioner is a person with clean antecedent.

5.

Learned A.P.P. for the State, Sri Chandra Bhushan Prasad, vehemently opposes the prayer for anticipatory bail of the petitioner and submits no doubt FIR is against unknown as such informant had absolutely no idea that who were the accused who had come in the morning at 3 am to commit loot. It is also submitted no doubt the name of the petitioner transpired in the confessional statement of Sonu in police custody, which does not have any evidentiary value, but then what is not disputed rather stands admitted is that informant and his son were shot by unknown accused, who had come with an intent to commit loot. It is further submitted that name of the petitioner transpired in the confessional statement of apprehended-accused and considering the seriousness of the case it can well be argued that the case requires investigation and interrogation of the petitioner for eliciting the truth. It is also submitted that if

Patna High Court CR. MISC. No.17030 of 2026(2) dt.08-04-2026 3/3 petitioner is able to satisfy the police that he was not involved in the occurrence, in that event, final form will be submitted but if petitioner is connected with the offence, in that event, chargesheet will be submitted. 6.

Considering the submission made by learned APP, the Court is not inclined to extend the privilege of anticipatory bail to the petitioner.

7.

Accordingly, the prayer for anticipatory bail of the petitioner is rejected.

(Satyavrat Verma, J) Sumit/- U T