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Patna High Court

NishuversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court refused to grant anticipatory bail to the petitioner.

Summary

The petitioner, Nishu, sought anticipatory bail in a shooting case (PS Case No. 96 of 2026) where he is charged under Sections 191(3), 190, 109, 118(1) of the Bihar Narcotic Substances Act, 2023 and Sections 25(1‑B)(a) and 27 of the Arms Act. The State argued that CCTV footage recorded the petitioner at the scene and that granting bail could enable him to tamper with evidence or abscond, despite the victim’s statement not naming the petitioner. The petitioner contended that the victim’s statement implicated only other accused and that a co‑accused, Rahul Kumar Gaurav, had already been granted anticipatory bail. The court examined the material evidence, the risk of interference with the investigation, and the precedent of bail being denied where identification is established. Concluding that the risk of tampering and absconding outweighed the petitioner’s arguments, the court refused to extend anticipatory bail.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner despite CCTV identification linking him to the shooting.
  • Whether the victim’s statement, which does not name the petitioner, is sufficient to deny bail.
  • Whether the risk of the petitioner absconding or tampering with evidence justifies denial of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • shooting case
  • CCTV evidence
  • arms act
  • bail denial
  • evidence tampering
  • absconding risk

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25203 of 2026
                    Arising Out of PS. Case No.-96 Year-2026 Thana- BUDDHACOLONY District- Patna
                 ======================================================
                 Nishu S/O Dhirendra Ray R/O Mohalla- New Punaichak, P.O.- GPO Main,
                 P.S.- Kotwali, District- Patna, Bihar

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Awnish Kumar
                 For the Opposite Party/s :      Mr. Uma Shankar Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   29-04-2026                  1. Heard learned Senior counsel appearing on behalf

                   of the petitioner, Sri Rajesh Kumar Singh assisted by learned

                   Advocate, Mr. Awnish Kumar and learned A.P.P. for the State,

                   Mr. Uma Shankar Prasad Singh.

                                2. The petitioner apprehends his arrest in connection

                   with Buddha Colony P.S. Case No. 96 of 2026 for the offences

                   punishable under Sections 191(3), 190, 109 and 118(1) of the

                   BNS, 2023 read with Sections 25(1-B) (a) and 27 of the Arms

                   Act.

                                3. The SHO, Budha Colony P.S. and the Investigating

                   Officer of the case, in compliance of the order dated 27.04.2026,

                   are present in the Court.

                                4. Learned Senior counsel appearing on behalf of the

                   petitioner submits that similarly situated co-accused Rahul
Patna High Court CR. MISC. No.25203 of 2026(4) dt.29-04-2026
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          Kumar Gaurav @ Prince Kumar has been granted the privilege

          of anticipatory bail by a learned Co-ordinate bench of this

          Court, on which the learned APP submits that no doubt Rahul

          Kumar Gaurav has been granted the privilege of anticipatory

          bail, on the issue that his name transpired in the confessional

          statement, it is next submitted that confessional statement in

          police custody does not have any evidentiary value, but then

          whether police collected any subsequent material connecting the

          petitioner with the offence is an aspect which needs to be

          appreciated.

                       5. The learned APP for the State next submits that it is

          a case where Vikash is alleged to have been shot by the

          unknown accused persons. It is next submitted that during the

          course of investigation based on CCTV footage, the police

          recorded the description of the accused present at the place of

          occurrence at Para-75 of the case diary, it is further submitted

          that after recording the description of the accused persons

          present at the place of occurrence, the police subsequently

          investigated that who were the accused persons who were

          present at the place of occurrence and based on the CCTV

          footage several accused were identified including the petitioner

          whose name stands recorded at Para-77 of the case diary.
Patna High Court CR. MISC. No.25203 of 2026(4) dt.29-04-2026
                                            3/4




                       6. The SHO, who is present in the Court, also submits

          to the same effect.

                       7. The learned Senior counsel appearing on behalf of

          the petitioner, at this stage, submits that it is not in dispute that

          Vikash got shot and received five firearm injuries, but then

          statement of Vikash was recorded at Medanta hospital by the

          police which finds mention at Para-71 of the case diary. It is

          next submitted that from perusal of the statement of Vikash, it

          would manifest that he has stated that he was called by one

          Putus to celebrate his birthday and accordingly he had gone to

          the place of occurrence where Bholu along with others were

          also present and some dispute arose in between Bholu and

          Putus, as such, he intervened and asked Bholu as to why he

          pushed Putus, on which Bholu and one another accused fired at

          him leading to five firearm injuries, it is thus submitted that

          Vikash has not even remotely suggested that it was petitioner

          who committed the occurrence of firing nor names the

          petitioner, on which the learned APP submits that Vikash may

          not be knowing the petitioner and the police is investigating the

          matter, but then Vikash got shot though by Bholu and one

          another person but from the CCTV footage, it is clear that

          petitioner was also present at the place of occurrence which
            Patna High Court CR. MISC. No.25203 of 2026(4) dt.29-04-2026
                                                        4/4




                      stands recorded at Para-77 of the case diary, as such, the

                      investigation presently is continuing and if privilege of

                      anticipatory bail is granted, the petitioner may abscond, on

                      which the learned Senior counsel appearing on behalf of the

                      petitioner submits that a supplementary affidavit has been filed

                      on behalf of the petitioner wherein it has been specifically

                      pleaded that petitioner is a registered Contractor with the Public

                      Works Department, Bihar, on which the learned APP submits

                      that occurrence of firing took place in Patna, Vikash was shot

                      and petitioner from the CCTV footage has been identified,

                      hence, if privilege of anticipatory bail is granted to the

                      petitioner, the petitioner may also try to tamper with the

                      evidence.

                                   8. After hearing the learned counsel for the parties,

                      the Court is not inclined to extend the privilege of anticipatory

                      bail to the petitioner.

                                   9. Accordingly,         the    instant   anticipatory   bail

                      application stands rejected.



                                                        (Satyavrat Verma, J)
Rishabh/-

U      T


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