Patna High Court
Harinarayan GuptaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court granted anticipatory bail to the petitioner subject to a bail bond of Rs.10,000, two sureties, and conditions under Sec. 438(2) CrPC and Sec. 482(2) B.N.S.S, 2023.
Summary
Harinarayan Gupta applied for anticipatory bail after a looting incident in which co‑accused Bablu Yadav was caught and, through a captured accomplice Pappu Yadav, identified the petitioner as having facilitated the escape. The FIR records only the co‑accused’s statement linking the petitioner, with no material recovered from him. The State opposed bail citing a criminal antecedent, though the petitioner is already on bail in a similar case. The court examined the lack of direct evidence and the petitioner’s cooperation history. Considering these facts, the court granted anticipatory bail with a bond of Rs.10,000, two sureties, and conditions under Sec. 438(2) CrPC and Sec. 482(2) B.N.S.S, 2023. The bail may be cancelled if the petitioner fails to cooperate.
Issues considered
- Whether anticipatory bail should be granted when the only incriminating material is the co‑accused’s disclosure statement.
- Whether the petitioner’s alleged criminal antecedent precludes the grant of anticipatory bail.
Legislation cited
- B.N.S.S., 2023 — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 379, 411, 461
Subjects
- anticipatory bail
- co‑accused statement
- looting
- Section 438 CrPC
- Section 482 B.N.S.S
- Indian Penal Code
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24354 of 2026
Arising Out of PS. Case No.-595 Year-2022 Thana- BHORE District- Gopalganj
======================================================
Harinarayan Gupta Son of Ramnaresh Sah Resident of Village- Madar @
Madarpur, P.S.- Bijaipur @ Vijaipur, Distt.- Gopalganj, State- Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Parth Sarthy, Advocate
Ms.Priya Raj, Advocate
For the Opposite Party/s : Mr.Ajay Kumar Jha, A.P.P.
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 01-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered under Sections 461, 379 and 411 of the I.P.C.
3. As per prosecution case, co-accused, Bablu Yadav,
entered into the shop of the informant and looted articles from the
shop but was apprehended and he disclosed the name of the
petitioner who managed to flee away from the place of occurrence.
4. Learned counsel for the petitioner submits that it
would be evident from the First Information Report itself that there is
only one person who was found fleeing away from the shop of the
informant who was identified as Pappu Yadav from the CCTV
footage and upon his apprehension, it is stated that he disclosed the
name of the petitioner. It is, thus, submitted that barring the statement
Patna High Court CR. MISC. No.24354 of 2026(2) dt.01-05-2026
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of the co-accused, Pappu Yadav, that this petitioner had also
facilitated his fleeing away, there is no other allegation. Recovery of
the looted articles has also been made from the apprehended co-
accused.
5. The application for anticipatory bail is opposed by
learned A.P.P. for the State saying that petitioner has criminal
antecedent. However, in response, it is submitted that there is only
one case of similar nature and the petitioner is on bail in all the
cases..
6. Taking into consideration the facts and circumstances
and also considering that the name of the petitioner has transpired on
the disclosure statement of the apprehended co-accused with no
recovery from him, let the petitioner, in the event of his arrest or
surrender before the learned Court below within a period of four
weeks, be released on anticipatory bail in connection with Bhorey
P.S. Case No. 595 of 2022 on furnishing bail bond of Rs.10,000/-
(Rupees Ten Thousand) with two sureties of the like amount each to
the satisfaction of the learned Court below where the case is pending
subject to the condition laid down under Section 438(2) of the Code
of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023, subject
to the conditions that:-
(i) One of the bailors would be close relative/family
members of the petitioner.
(ii) The petitioner will cooperate in the investigation and
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trial and in case of any act of non-cooperation, the prosecution would
be at liberty to move an application for cancellation of bail bonds of
the petitioner.
(Soni Shrivastava, J)
vashudha/-
U T
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