Patna High Court
Nagendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
Holding
Anticipatory bail was denied as the petitioner did not satisfy the criteria for such relief.
Summary
The petitioner, Nagendra Kumar, sought anticipatory bail fearing arrest in a 2022 case (PS Khusrupur Case No. 367) involving alleged offences under IPC sections 399 and 402 and the Arms Act. The prosecution’s case was based on statements of three co‑accused who named the petitioner, and a pistol was recovered from one of them. The petitioner argued that no material was recovered against him and that the FIR was solely based on the co‑accused’s testimony. The State contended that the petitioner had evaded arrest for over three years and therefore should not be granted bail. The Court considered the delay in filing the application and the lack of substantive evidence linking the petitioner to the recovered weapon, and concluded that anticipatory bail was not warranted. Consequently, the anticipatory bail application was rejected.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in a case where the FIR is based solely on co‑accused statements and no direct recovery has been made against him.
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 35
- Indian Penal Code — s. 399, 402
Subjects
- anticipatory bail
- IPC theft
- Arms Act
- criminal procedure
- bail jurisprudence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1193 of 2026
Arising Out of PS. Case No.-367 Year-2022 Thana- KHUSRUPUR District- Patna
======================================================
Nagendra Kumar S/O Dhirendra Kumar R/O Village - Mohiuddinpur,
Pethiyapar, P.S- Nagar Nausa, District- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar @ S.K., Adv.
For the Opposite Party/s : Mr. Anuj Kumar Shrivastava, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 04-02-2026 Heard the parties.
2. The petitioner apprehends his arrest in connection
with Khusrupur P.S. Case No. 367 of 2022 for the offence
registered under sections 399, 402 of the Indian Penal Code and
25(1-b)a, 26/35 of Arms Act.
3. As per the prosecution story, the informant alleged
that on 20.04.2022, while he was on duty near four lane, got
information that 5 to 6 persons have gathered to loot the
motorcycle and the collection money of the finance company.
This followed the movement on the said place, three persons
were apprehended while rest managed to escape. They were
Shivdani Kumar, Sonu Sharma and Akash Kumar who gave the
name of the persons who escaped, the petitioner included. One
country made pistol was recovered from Sonu Sharma while
Patna High Court CR. MISC. No.1193 of 2026(2) dt.04-02-2026
2/2
live cartridges and mobile from Shivdani Kumari and they
confessed to have planned to commit the crime. This led to the
FIR.
4. Though learned counsel for the petitioner submits
that there is no recovery and only on the name given by the
accused persons, his name has cropped up in the FIR, learned
APP submits that the matter is of the year 2022, the petitioner
chose to evade arrest for more than three years and now has
preferred anticipatory bail.
5. Considering the submissions of the parties as also
the delayed approaching the Court, it would be appropriate that
he seek bail.
6. The anticipatory bail application stands rejected.
(Rajiv Roy, J)
Vijay Singh/-
U T
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