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Patna High Court

Raju KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court declined to grant anticipatory bail to the petitioner.

Summary

The petitioner, Raju Kumar, sought anticipatory bail fearing arrest in a case (PS 72/2024) alleging offences under Section 310(2) of the B.N.S. The prosecution alleges that five unidentified persons on two motorcycles looted Rs 4,00,000 from an informant at gunpoint. The petitioner’s name was mentioned only in the self‑inculpatory statement of a co‑accused, Md Sadik, and he claims a clean antecedent and innocence. The State opposed the bail application, arguing the seriousness of the alleged offence. The Court, after considering the facts, declined to grant anticipatory bail, emphasizing that its observations were prima facie and limited to the bail application. The order dismissed the bail petition without prejudice to the trial proceedings.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under CrPC Section 438 in view of the allegations under Section 310(2) of the B.N.S. and the mere mention of his name in a co‑accused’s statement.

Legislation cited

Subjects

  • anticipatory bail
  • CrPC Section 438
  • Section 310
  • bail application
  • prima facie
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27202 of 2026
                       Arising Out of PS. Case No.-72 Year-2024 Thana- DUMARIYA District- Gaya
                 ======================================================
                 Raju Kumar S/o Parmeshwar Saw R/o Village - Maira, PO - Maigra, P.S -
                 Imamganj, District - Gaya

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Md. Javed Jafar Khan
                 For the Opposite Party/s :      Mr. Nirmal Kumar Sinha
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   06-05-2026                  Heard the learned counsel for the petitioner and

                   learned counsel for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Dumariya P.S. Case No. 72 of 2024, registered for offences

                   punishable under Section 310(2) of the B.N.S.

                                3. As per prosecution case, five unknown miscreants

                   riding on two motorcycles are alleged to have looted cash of Rs.

                   4,00,000/- from the informant on the point of pistol.

                                4. Learned counsel for the petitioner submits that

                   petitioner is quite innocent and has not committed any offence.

                   Petitioner has clean antecedent. The name of the petitioner

                   transpired in this case in the self inculpatory statement of one

                   Md. Sadik.
            Patna High Court CR. MISC. No.27202 of 2026(2) dt.06-05-2026
                                                        2/2




                                   5. Learned APP for the State has vehemently opposes

                      the prayer for bail.

                                   6. Considering the facts and circumstances of the

                      case, this Court is not inclined to grant the privilege of

                      anticipatory bail to the petitioner, this application is dismissed.

                                   7. It is made clear that any observation made herein is

                      prima facie in nature and limited solely for the purpose of

                      adjudication of the present bail application. Such observations

                      shall not be construed as an expression on the merits of the case

                      and shall not influence the trial or any other proceedings in any

                      manner.


                                                         (Sandeep Kumar, J)

Ranjeet/-

U      T


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