Patna High Court
Anand Kumar @ Anandi KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The court granted anticipatory bail to the petitioner, finding sufficient doubt to justify its relief.
Summary
Anand Kumar applied for anticipatory bail in connection with FIR No. 576 of 2025 alleging theft of electric wire and possession of illegal arms, charged under sections 317(4), 317(5), 310(4), 310(5) of the Bharatiya Nyaya Sanhita, 2023 and sections 25(1B)(a), 26 and 35 of the Arms Act, 1959. The prosecution’s case is based on a raid that recovered weapons and stolen wire, and on confessional statements of co‑accused linking the petitioner to the crime. The petitioner contended that the recovery was recorded before the raid team was constituted, that the seized items did not match those allegedly taken from his shop, and that he has a clean antecedent. The court found the reliance on co‑accused confessions and the timing discrepancy raised reasonable doubt about his involvement. Consequently, the court exercised its power under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita to grant anticipatory bail with conditions, including a bail bond of Rs.10,000 and sureties.
Issues considered
- Whether anticipatory bail should be granted when the petitioner’s name is derived solely from co‑accused confessional statements and there is a discrepancy in the recovery timeline.
- Whether the procedural irregularities alleged by the petitioner justify the grant of anticipatory bail under Section 438(2) CrPC.
Legislation cited
- Arms Act, 1959 — s. 25(1B)(a), 26, 35
- Bharatiya Nyaya Sanhita, 2023 — s. 310(4), 310(5), 317(4), 317(5)
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- confessional statements
- illegal arms
- theft of electric wire
- procedural irregularities
- Bharatiya Nyaya Sanhita
- Arms Act
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24396 of 2026
Arising Out of PS. Case No.-576 Year-2025 Thana- HARNAUT District- Nalanda
======================================================
Anand Kumar @ Anandi Kumar S/o Parmanand R/o Mohalla- Dhankki Mor,
Near Asia Hosptial, Police Station- Agamkuan, District- Patna
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raj Krishna Jha, Advocate
For the Opposite Party/s : Mr. Dr. Indiwar Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
4 01-07-2026 Heard the learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Harnaut P.S. Case No.576 of 2025, F.I.R dated
26.12.2025 registered for the offences punishable under
Sections 317(4), 317(5), 310(4), 310(5) of the Bharatiya Nyaya
Sanhita, 2023 and under sections 25(1B)(a), 26 and 35 of the
Arms Act 1959.
3. According to prosecution case, acting on secret
information received regarding the assembly of armed criminals
for committing a robbery, the police conducted a raid on the
Harnaut–Bakhtiyarpur Road and intercepted a motorcycle, a
Swift Dzire car, and a pickup van. Eight accused persons were
apprehended, and during the search, mobile phones, a country-
made pistol, and two bundles of stolen electric wire were
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allegedly recovered. During interrogation, the accused allegedly
confessed to committing several thefts of electric wire in the
Harnaut area and stated that they had assembled to commit a
robbery. Consequently, they were arrested and the present case
was instituted.
4. Learned counsel for the petitioner submits that the
instant case has been registered for having stolen the electric
wire and on raid being conducted all the accused persons except
this petitioner is said to have been arrested and the recovery of
electric wire and illegal arms was made from the place of
seizure. It is the case of the petitioner that as per allegation, the
co-accused namely Chootu Kumar and Ajay Kumar used to sell
those stolen electric wire to the petitioner, while the recovery of
the articles which is said to have been made from the shop of
the petitioner does not match with the article, which is said to
have been recovered from the place of seizure, from where the
accused persons were arrested and have confessed. It has next
been submitted that from the First Information Report, it
appears that the raiding team was constituted on 27.12.2025
while the recovery has been shown to have been made on
26.12.2025 and this petitioner has clean antecedent.
5. Learned APP for the State opposes the prayer for
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anticipatory bail application.
6. Considering the aforesaid facts and circumstances
and taking into account that name of the petitioner has
transpired on the basis of confessional statement and the seizure
which is said to have been made by the team constituted,
appears to be doubtful as the recovery was made before the
constitution of the raiding team and the petitioner having clean
antecedent, this Court is inclined to grant the privilege of
anticipatory bail to the petitioner.
7. Let the petitioner, above named, in the event of
his/her arrest or surrender before the Court below within a
period of thirty days from the date of receipt of the order, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned A.C.J.M., Biharsharif, Nalanda in
connection with Harnaut P.S. Case No.576 of 2025 , subject to
the conditions as laid down under Section 438(2) of the Code of
Criminal Procedure / Section 482(2) of the Bhartiya Nagarik
Suraksha Sanhita and with other following conditions:-
(i) one of the bailors should be the
family member/relative/known of the
petitioner(s) who shall provide official
document/personal affidavit to show his/her
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bona fide;
(ii) the petitioner(s) shall appear
on each and every date before the Trial
Court and failure to do so for two
consecutive dates without plausible reason
will entail cancellation of his/her/their bail
bond by the Trial Court itself;
(iii) the petitioner(s) shall in no
way try to induce or promise or threat the
witnesses or tamper with the evidences,
failing which the State shall be at liberty to
take steps for cancellation of the bail bonds;
(iv) the petitioner(s) shall desist
from committing any criminal offence again,
failing which the State shall be at liberty to
take steps for cancellation of their bail
bonds.
(Ajit Kumar, J)
rajan/-
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