Patna High Court
Lala Gupta @ Amit Kumar @ LalaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted anticipatory bail to the petitioner subject to conditions under Section 438(2) CrPC and Section 482(2) Bhartiya Nagarik Suraksha Sanhita.
Summary
The petitioner, Lala Gupta, sought anticipatory bail in connection with a robbery and assault case (Gurua PS Case No. 69 of 2025) where the prosecution alleged his involvement based on a confessional statement of a co-accused and an informant's identification. The petitioner argued that his name was implicated solely through the confessional statements of Ajit Kumar and Diwakar Singh, with no material seized from him and that he had prior antecedents unrelated to the present case. The State opposed the bail, emphasizing the relevance of the confessional statements linking the petitioner to the offence under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023. The Court examined the adequacy of the evidence and the statutory provisions governing anticipatory bail, namely Section 438(2) of the Code of Criminal Procedure and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita. Finding that the petitioner was not yet arrested and that the material against him was not conclusive, the Court granted anticipatory bail with specific conditions, including bond, sureties, and compliance with procedural directives.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the confessional statements linking him to the offence
- Whether the material on record is sufficient to deny bail under Section 309(4) of the Bharatiya Nyaya Sanhita
- Applicability of Section 438(2) CrPC and Section 482(2) Bhartiya Nagarik Suraksha Sanhita in granting anticipatory bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 309(4)
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- confessional statement
- Section 438
- Section 482
- Bharatiya Nyaya Sanhita
- criminal procedure
- bail conditions
- evidence tampering
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15639 of 2026
Arising Out of PS. Case No.-69 Year-2025 Thana- GURUA District- Gaya
======================================================
Lala Gupta @ Amit Kumar @ Lala Son of Prayag Saw R/o Village - Budhaul,
P.S.- Amas, District -Gaya.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pushp Raj Singh
For the Opposite Party/s : Mr.Akshay Lal Pandit
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 12-03-2026 Heard the learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Gurua P.S. Case No. 69 of 2025, F.I.R dated
15.02.2025 registered for the offences punishable under
Sections 309(4) of the Bharatiya Nyaya Sanhita, 2023.
3. According to prosecution case, the informant, Sunil
Kumar Ravidas, alleged that on 14.02.2025 at about 8:25 P.M.,
while returning home after meeting Dasrath Manjhi, he found
four persons standing near Nadaura Pokhra Pind with a
motorcycle parked in the middle of the road. When he reached
there, two persons stopped him and, at gunpoint, demanded his
mobile phone. The accused persons allegedly took away his
mobile phone, Rs. 4200 in cash, and his Apache motorcycle
Patna High Court CR. MISC. No.15639 of 2026(2) dt.12-03-2026
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bearing registration no. BR02-BH9587. The informant claimed
to have recognized one of the accused as Diwakar Singh @
Aman Singh.
4. Learned counsel for the petitioner submits that the
name of the petitioner has transpired on the basis of
confessional statement of Ajit Kumar whose name has also
transpired in the instant case on the basis of confessional
statement made by the co-accused Diwakar Singh @ Aman
Singh. It is next submitted that petitioner is no way connected
with the alleged incident still for ulterior reasons, the name of
the petitioner has been implicated in the instant case by the
(informant). There is nothing incriminating material is said to
have been recovered from the petitioner, while the house of the
petitioner was searched in his absence and learned counsel for
the petitioner further submits that the petitioner has two
antecedent, which is not akin to the instant case and he is on bail
and further ready to abide by terms and conditions of
anticipatory bail in case such privilege is extended in his
favour.
5. Learned APP for the State opposes the prayer for
anticipatory bail application.
6. Considering the aforesaid facts and circumstances
Patna High Court CR. MISC. No.15639 of 2026(2) dt.12-03-2026
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that the confessional statement made by one Ajit Kumar whose
name has also transpired on the basis of confessional statement
made by co-accused Diwakar Singh @ Aman Singh.
Accordingly, this Court is inclined to grant the privilege of
anticipatory bail to the petitioner.
7. Let the petitioner, above named, in the event of
his/her arrest or surrender before the Court below within a
period of thirty days from the date of receipt of the order, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned J.M.F.C. Sherghati, Gaya in
connection with Gurua P.S. Case No. 69 of 2025, subject to the
conditions as laid down under Section 438(2) of the Code of
Criminal Procedure / Section 482(2) of the Bhartiya Nagarik
Suraksha Sanhita and with other following conditions:-
(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;
(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;
(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.
(Ajit Kumar, J)
abhishekkr/-
U T
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