Patna High Court
Nippu Kumar @ Niraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
- Bhartiya Nyaya Sanhita, 2023 — s. 103(1), 140(1), 238, 61(2)
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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