Akash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70162 of 2025 Arising Out of PS. Case No.-267 Year-2025 Thana- MANER District- Patna ====================================================== Akash Kumar Son of Madan Rai R/o Village - Jiwrakhan Tola, P.S.- Maner, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar Sinha, Adv.

For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-12-2025

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Maner P.S. Case No. 267 of 2025, registered for the offences punishable under Sections 310(2) and 311 of the BNS, 2023 read with 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 on 13.04.2025 at about 11:00 AM, the informant along with his Accountant Sunny Kumar and driver Vijay Kumar went to Piplawan for collection of money and after collecting Rs. 14 Lakhs, they were returning home and when they reached near Hanumanganj Shiv temple at about 06:00 PM when they were intercepted by 4-5 unknown accused who tried

Patna High Court CR. MISC. No.70162 of 2025(2) dt.24-12-2025 2/3 to snatch the bag containing the amount by breaking the glass panes of the vehicle and even fired causing firearm injury on palm of the informant, but on alarm labourers and passerby came to the place of occurrence when the accused persons fled leaving the bag containing money, thereafter the injured were taken to the hospital.

4. Learned counsel for the petitioner submits that FIR was against unknown and the name of the petitioner transpired in the instant case during the course of investigation in the confessional statement of Bittu in police custody which does not have any evidentiary value. It is also submitted that the police during the course of investigation arrested Vijay, the driver of the informant, as material transpired that the driver was also involved in the occurrence. It is further submitted that driver of the vehicle after his arrest confessed the name of Bittu, but did not confess the name of the petitioner and thereafter Bittu was arrested in whose confessional statement the name of the petitioner transpired as recorded hereinabove.

5. Learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail of the petitioner and submits that it is a case of road robbery. It is further submitted that no doubt, as submitted, the name of the petitioner did not transpire in the

Patna High Court CR. MISC. No.70162 of 2025(2) dt.24-12-2025 3/3 confessional statement of the driver of the vehicle who was with the informant, but then name of the petitioner transpired in the confessional statement of Bittu whose name transpired in the confessional statement of the driver namely Vijay. It is next submitted that investigation against the petitioner is continuing and it might be a possibility that driver of the vehicle had contacted Bittu for committing the occurrence and Bittu in turn involved other accused persons including the petitioner in the occurrence. It is also submitted that if privilege of anticipatory bail is granted, the petitioner may abscond.

6. Considering the submissions made by the learned APP for the State, the Court is not inclined to extend the privilege of anticipatory bail to the petitioner.

7. Accordingly, the instant anticipatory bail application stands rejected.

(Satyavrat Verma, J) Rishabh/- U T