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Patna High Court

Laloo kumar @ Gyanshu KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted anticipatory bail to the petitioner, subject to conditions under Section 482(2) of the BNSS.

Summary

The petitioner, Laloo Kumar, applied for anticipatory bail fearing arrest in a robbery case (Ranitalab P.S. Case No. 453 of 2024) under Section 310(2) of the BNS. The FIR named unknown miscreants; only a confessional statement by another accused, Sunny Kumar, implicated the petitioner, with no other evidence against him. The petitioner argued that the FIR was against unknown persons and cited that a co‑accused, Surajbhan, had previously been granted anticipatory bail in a similar case. The State opposed the bail. After hearing both sides, the Court decided to grant anticipatory bail to the petitioner, directing him to surrender within four weeks and to furnish a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner when the only incriminating material is a confessional statement of another accused.
  • Whether the petitioner’s alleged involvement under Section 310(2) of the BNS warrants denial of bail.

Legislation cited

  • BNS — s. 310(2)
  • BNSS — s. 482(2)

Subjects

  • anticipatory bail
  • confessional statement
  • Section 310
  • Section 482
  • criminal procedure
  • robbery
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18543 of 2026
                     Arising Out of PS. Case No.-453 Year-2024 Thana- RANIYATALAB District- Patna
                 ======================================================
                 Laloo kumar @ Gyanshu Kumar S/O Mithilesh Kumar R/O Village- Khapura,
                 P.S- Paliganj, Distt.- Patna.
                                                                        ... ... Petitioner/s
                                               Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rahul Raj, Advocate
                 For the Opposite Party/s :       Mr. Md. Matloob Rab, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   18-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The instant application for anticipatory bail has

                   been filed by the petitioner apprehending his arrest in

                   connection with Ranitalab P.S. Case No. 453 of 2024 instituted

                   for the offence under Section 310(2) of the BNS.

                                3. The case of the prosecution, in short, is that while

                   the informant was returning home from marriage ceremony in a

                   car along with his companions, 5-6 unknown miscreants riding

                   on two bikes intercepted him. The miscreants looted mobile and

                   cash of the informant.

                                4. Learned counsel for the petitioner has submitted

                   that the FIR was lodged against unknown miscreants. During

                   course of investigation one Sunny Kumar has given his

                   confessional statement and the name of this petitioner has
            Patna High Court CR. MISC. No.18543 of 2026(2) dt.18-03-2026
                                                        2/2




                      surfaced in the confessional statement of Sunny. Save and

                      except the confessional statement, there is nothing against the

                      petitioner. It has further been submitted that similarly situated

                      co-accused Surajbhan has been granted anticipatory bail by the

                      learned Co-ordinate Bench vide Cr. Misc. No. 40020 of 2025.

                                   5. Learned APP for the State has vehemently opposed

                      the bail of the petitioner.

                                   6. Having heard learned counsel for the parties and in

                      the facts and circumstances of the case as stated above, this

                      Court is inclined to enlarge the petitioner on bail. The petitioner

                      is directed to surrender in the Court below within a period of

                      four weeks from today and in the event of his arrest or surrender

                      in connection with Ranitalab P.S. Case No. 453 of 2024, he will

                      be enlarged on bail on furnishing bail bond of Rs. 10,000/-

                      (Rupees ten thousand) with two sureties of the like amount each

                      to the satisfaction of learned JMFC, Danapur, subject to the

                      conditions as laid down under Section 482(2) of the BNSS.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T


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