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Patna High Court

Nippu Kumar @ Niraj KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner.

Summary

The petitioner, Nippu Kumar, sought anticipatory bail fearing arrest in a murder case registered under Sections 140(1), 103(1), 238 and 61(2) of the Bhartiya Nyaya Sanhita, 2023. The prosecution alleged that several persons, including the petitioner, were involved in the abduction and killing of two victims whose bodies were later found on a railway track. The petitioner contended that he was not named in the FIR and that the only link to him was a confessional statement of co‑accused, with no other material evidence of his participation. He also highlighted his clean antecedents and pointed to a similar anticipatory bail order granted to a co‑accused in a related case. The State opposed the bail, arguing the seriousness of the offences. The Court, considering the lack of substantive evidence against the petitioner and the general nature of the accusations, granted anticipatory bail subject to a bail bond and sureties under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.

Issues considered

  • Whether anticipatory bail should be granted when the only incriminating material is a co‑accused's confessional statement.
  • Whether the petitioner is likely to be arrested despite the absence of his name in the FIR.
  • Whether the case falls within the jurisdiction of Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for granting anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • confessional statement
  • clean antecedents
  • Section 482
  • criminal procedure
  • murder case
  • high court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18617 of 2026
                        Arising Out of PS. Case No.-279 Year-2025 Thana- PUNPUN District- Patna
                 ======================================================
                 Nippu Kumar @ Niraj Kumar S/o Kameshwar Prasad R/o Dubhara, P.S.-
                 Dhanarua, Dist.- Patna

                                                                                   ... ... Petitioner/s
                                                       Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :        Mr. Ram Jiban Pd Singh, Advocate
                 For the State           :        Ms. Nirmala Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   04-05-2026                   Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence under Sections 140(1), 103(1), 238

                   and 61(2) of the Bhartiya Nyaya Sanhita, 2023.

                                3. The prosecution case, in brief, is that on

                   11.09.2025, Pramod Kumar made a call from mobile to the

                   informant and informed that Subodh Kumar @ Loha Yadav

                   (deceased), Dheeraj Kumar, Lovely Kumari (deceased) and

                   Sudhanshu Kumar had been picked up from Ram Krishna by all

                   the FIR-named accused along with some unknown persons, who

                   dragged them away. Later, the informant received information

                   from Dhanarua Police Station that two unidentified dead bodies
Patna High Court CR. MISC. No.18617 of 2026(2) dt.04-05-2026
                                            2/3




          had been found on the railway track. The bodies were sent to

          PMCH, where the informant identified them, as her son Subodh

          Kumar @ Loha and Lovely Kumari. The informant alleged that

          both had been murdered and their bodies had been thrown on

          the railway track.

                       4. Learned counsel appearing on behalf of the

          petitioner submits that petitioner is quite innocent and has

          committed no offence. Petitioner is not named in the F.I.R. and

          his name has surfaced during investigation merely on the basis

          of confessional statement of co-accused Rahul Kumar and

          Dinbandhu Singh. Save and except confessional statement, there

          is no material on record to show the complicity of this petitioner

          in the alleged offence. Moreover, the only material that has

          come against petitioner is that he, along with other co-accused

          persons, was doing recce and there is absolutely no allegation

          that this petitioner participated in commission of the alleged

          offence. It is further submitted that co-accused Rocky Kumar,

          having similar and identical allegations, has already been

          granted the privilege of anticipatory bail by this Hon’ble Court

          vide order dated 11.03.2026 passed in Cr. Misc. No. 91207 of

          2025. Petitioner claims clean antecedents.

                       5. Learned A.P.P. for the State has vehemently
             Patna High Court CR. MISC. No.18617 of 2026(2) dt.04-05-2026
                                                         3/3




                       opposed the prayer for grant of anticipatory bail to the

                       petitioner.

                                     6. Considering the facts and circumstances of the

                       case, general and omnibus nature of accusation, claim based on

                       parity and clean antecedents of the petitioner, the prayer for

                       grant of anticipatory bail to the petitioner is allowed.

                                     7. Accordingly, in the event of arrest/surrender within

                       a period of eight weeks from today, let the above named

                       petitioner be enlarged on bail on furnishing bail-bond of Rs.

                       10,000/- (ten thousand) with two sureties of the like amount

                       each to the satisfaction of learned Sub Divisional Judicial

                       Magistrate, Masaurhi, Patna in connection with Punpun P.S.

                       Case No. 279 of 2025, subject to condition as laid down under

                       Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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