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Patna High Court

Rajendra KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court dismissed the anticipatory bail application, denying the privilege of bail to the petitioner.

Summary

Petitioner Rajendra Kumar sought anticipatory bail fearing arrest in a murder case (Sections 302/34 IPC, later added 120(B) IPC and Section 27 Arms Act) after his name appeared in the self‑inculpatory statement of co‑accused Lalan Yadav. The petitioner asserted his innocence, clean antecedents, and that the allegation rested solely on the co‑accused’s confession. The State opposed the bail. The Patna High Court, considering that the petitioner’s involvement emerged only through the co‑accused’s statement and the seriousness of the offences, declined to grant anticipatory bail and dismissed the application, noting that its observations were prima facie and not on the merits of the trial.

Issues considered

  • Whether anticipatory bail can be granted when the petitioner’s name is mentioned only in a co‑accused’s self‑inculpatory statement.
  • Whether the circumstances of the murder and related offences justify denial of anticipatory bail under Section 438 of the CrPC.

Legislation cited

Subjects

  • anticipatory bail
  • murder
  • Indian Penal Code
  • Arms Act
  • bail application
  • co‑accused statement
  • Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2774 of 2025
                     Arising Out of PS. Case No.-799 Year-2023 Thana- SAUR BAZAR District- Saharsa
                 ======================================================
                 Rajendra Kumar S/o Khushilal Yadav R/o Village- Surmaha Bajrangi Tola,
                 Ward No. 06, P.S.- Saur Bazar (Patarghat O.P.), District- Saharsa

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shekhar Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Aditya Narayan Singh.1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   05-05-2026                  Heard the learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Saur Bazar (Patarghat O.P.) P.S. Case No. 799 of 2023,

                   registered for offences punishable under Sections 302/34 of the

                   Indian Penal Code, later on added u/s 120(B) of the Indian Penal

                   Code and section 27 of the Arms Act.

                                3. As per prosecution case, for the murder of the

                   deceased, the name of the petitioner has surfaced in the self-

                   inculpatory statement of one co-accused, namely, Lalan Yadav.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is quite innocent and has not committed any offence.

                   He further submits that the petitioner’s name has surfaced in this
            Patna High Court CR. MISC. No.2774 of 2025(4) dt.05-05-2026
                                                        2/2




                      case on the basis of the confessional statement of the co-

                      accused, Lalan Yadav, and the petitioner has a clean antecedent.

                      Therefore, he deserves anticipatory bail.

                                   5. Learned APP for the State has vehemently opposes

                      the prayer for bail.

                                   6. Considering the facts and circumstances of the

                      case, and also the fact that the petitioner’s involvement has

                      come during the investigation through the self-inculpatory

                      statement of co-accused Lalan Yadav, 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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