Patna High Court
Nilesh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted anticipatory bail to the petitioner, subject to surrender, a bail bond of Rs. 10,000 and two sureties, and compliance with the conditions of Sections 438(2) Cr.P.C. and 482(2) BNS Act.
Summary
The petitioner, Nilesh Kumar, applied for anticipatory bail fearing arrest in a case (Ara Nawada PS Case No. 941 of 2024) involving an alleged assault and mobile phone snatching. The prosecution’s case is based on a confessional statement of a co-accused, Dipak Pandaya, which mentions the petitioner, although no material was recovered from him and he did not undergo a Test Identification Parade. The petitioner contended that he is innocent, was falsely implicated, and has no prior criminal record, while the State highlighted a single prior criminal antecedent. After hearing both sides, the Court decided to grant anticipatory bail, directing the petitioner to surrender within four weeks and to furnish a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNS Act. The order also stipulated compliance with the Chief Judicial Magistrate’s directions.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the Cr.P.C. and Section 482 of the BNS Act despite the co-accused’s confessional statement and the petitioner’s prior criminal antecedent.
- Whether the absence of recovered material and the lack of a Test Identification Parade affect the merit of the bail application.
Legislation cited
- Bihar Negotiable Substances Act — s. 309, 482
- Criminal Procedure Code — s. 438
Subjects
- anticipatory bail
- Section 438 Cr.P.C.
- Section 482 BNS Act
- false implication
- confessional statement
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24499 of 2026
Arising Out of PS. Case No.-941 Year-2024 Thana- ARA NAWADA District- Bhojpur
======================================================
Nilesh Kumar S/o- Mahendar Pal R/v- Itwa Ps- Shahpur Dist-Bhojpur
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Akanksha Malviya, Advocate
Mr. Akash Kishore, Advocate
Ms. Naina Navya, Advocate
For the Opposite Party/s : Mr.Jharkhandi Upadhyay, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 15-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The instant application for anticipatory bail has
been filed by the petitioner apprehending his arrest in
connection with Ara Nawada P.S. Case no. 941 of 2024
instituted for the offence under Sections 309 (4) of the BNS.
3. The case of the prosecution is that while the
informant was returning from coaching classes, three miscreants
arrived on a bike, snatched his mobile phone and brutally
assaulted.
4. Learned counsel for the petitioner has submitted
that petitioner is innocent and has falsely been implicated in
connection with the present case. It is further submitted that the
FIR was lodged against unknown miscreants. During the Course
of investigation, one Dipak Pandaya was apprehended and he
Patna High Court CR. MISC. No.24499 of 2026(2) dt.15-05-2026
2/2
has given his confessional statement. The name of the petitioner
has surfaced on the basis of the confessional statement of co-
accused. It is further submitted that no recovery has been made
from the possession of this petitioner. It is further submitted that
the petitioner has not put on Test Identification Parade (TIP).
5. Learned APP appearing for the State opposed the
prayer of bail of the petitioner stating that the petitioner has one
criminal antecedent.
6. Having heard learned counsel for the parties and in
the facts and circumstances of the case as stated above, this
Court is inclined to enlarge the petitioner on bail. The petitioner
is directed to surrender in the Court below within a period of
four weeks from today and in the event of his arrest or surrender
in connection with Ara Nawada P.S. Case no. 941 of 2024, he
will be enlarged on bail on furnishing bail bond of Rs. 10,000/-
(Rupees ten thousand) with two sureties of the like amount each
to the satisfaction of learned Chief Judicial Magistrate, Bhojpur
at Ara, subject to the conditions as laid down under section
438(2) of the Cr.P.C/ Section 482 (2) of the BNSS.
(Ashok Kumar Pandey, J)
Jagdish/-
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