Patna High Court
Dharamveer KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail was denied because the co‑accused’s confession, corroborated by the injury report, provided sufficient basis to reject the petition.
Summary
The petitioner, Dharamveer Kumar, was implicated in a robbery‑related case (Case No. 61 of 2025) where an informant was shot and Rs. 9,80,000 was stolen. The FIR did not name him, but the investigating agency identified him based on a confessional statement of a co‑accused, Ram Shankar, without any physical evidence recovered. The petitioner sought anticipatory bail, arguing that only suspicion and the co‑accused’s confession linked him to the crime. The State opposed, contending that the co‑accused’s confession was corroborated by the gunshot injury on the informant’s thigh, matching the injury report. The Court held that the corroborative nature of the injury report and the ongoing investigation justified rejecting the anticipatory bail application. Consequently, the petition for anticipatory bail was dismissed.
Issues considered
- Whether anticipatory bail can be granted when the only link to the accused is a co‑accused’s confessional statement and corroborative injury evidence
- Whether the absence of material evidence against the petitioner precludes denial of anticipatory bail
Legislation cited
- Arms Act — s. 27
Subjects
- anticipatory bail
- confessional statement
- co‑accused
- suspicion
- criminal procedure
- Arms Act
- robbery
- injury corroboration
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19032 of 2026
Arising Out of PS. Case No.-61 Year-2025 Thana- BARH RAIL P.S. District- Patna
======================================================
Dharamveer Kumar S/O Shatrudhan Mahto R/O Vill - Budhanichak, P.S -
Barh,Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Kashyap, Adv
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 31-03-2026 Heard the parties.
2. The accused/petitioner is not named in the F.I.R.
and apprehended his arrest in connection with GRP Barh P.S.
Case No. 61 of 2025 registered for the offences punishable under
Sections 310(2), 311, 109, 118(2), 127(2), 61(2) and 3(5) of
the BNS & Section 27 of the Arms Act.
3. As per FIR, some unknown miscreants while
committing robbery upon informant looted cash of Rs. 9,80,000/-
and also caused him firearm injury during the occurrence.
4. Learned counsel appearing on behalf of the
petitioner submitted that the name of petitioner transpired during
the course of investigation on the basis of confessional statement
of co-accused namely Ram Shankar, in furtherance of which no
incriminating material appears to be recovered till now,
Patna High Court CR. MISC. No.19032 of 2026(2) dt.31-03-2026
2/2
suggesting involvement of petitioner with the present crime in
question. It is pointed out that except suspicion nothing survives
against petitioner. It is also pointed out that petitioner found
involved in one more criminal case, where he is on bail.
5. Learned APP, while opposing the prayer for
anticipatory bail submitted that during the investigation
apprehended co-accused persons specifically confessed about this
petitioner that he fired upon informant causing gun-shot injury on
his thigh, which appears corroborating with the injury report of
the informant as same was found to be caused by gun-shot on
thigh. It is also pointed out that the investigation is still open.
6. Taking note of aforesaid as injury upon informant
prima-facie appears corroborating qua confessional statement of
apprehended co-accused coupled with fact investigation of this
case is still open, accordingly, the prayer for anticipatory bail of
the petitioner stands rejected.
(Chandra Shekhar Jha, J)
S.Tripathi/-
U T
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