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Patna High Court

Surya Prakash Kumar @ Shiv Prakash KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was not granted as the facts did not justify its issuance.

Summary

The petitioner, Surya Prakash Kumar, sought anticipatory bail after being implicated in a robbery and dacoity case (IPC §§395, 397) stemming from an incident where a co‑driver was injured by gunfire and cash and a mobile phone were stolen. The prosecution’s case is based on a confession by co‑accused Chhotan Kumar, who named the petitioner among the perpetrators. The petitioner argued he has no prior criminal record and was implicated solely on the basis of the confessional statement, denying any involvement in the shooting. The State opposed the bail, emphasizing the seriousness of the offences and the alleged participation in the robbery and assault. The Court held that the circumstances did not warrant anticipatory bail and rejected the application, though it indicated that bail could be considered if the petitioner surrenders within four weeks.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under CrPC Section 438 in view of the allegations under IPC Sections 395 and 397.

Legislation cited

Subjects

  • anticipatory bail
  • IPC 395
  • IPC 397
  • robbery
  • dacoity
  • criminal procedure
  • bail jurisdiction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29423 of 2026
                        Arising Out of PS. Case No.-7 Year-2024 Thana- DORIGANJ District- Saran
                 ======================================================
                 Surya Prakash Kumar @ Shiv Prakash Kumar S/o- Om Praksh Kumar Vill-
                 Raipur Bindgawan PS-Doriganj Dist- Saran



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



                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Sushil Kumar Singh, Advocate
                 For the State           :        Mrs. Sangeeta Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   18-05-2026                    Heard the parties through virtual mode.

                                 2. The petitioner is apprehending his arrest in

                   connection with Doriganj P.S. Case No. 07 of 2024 registered

                   for the offence punishable under Sections 395 and 397 of the

                   Indian Penal Code, lodged on 09.01.2024 by the informant Ravi

                   Sharma.

                                 3. As per the prosecution story, the informant alleged

                   that when alongwith the Truck proceeded to Koilwar for loading

                   the sand from Sone River, as he got down to attend nature’s

                   call, heard the cry of the co-driver and on reaching there saw

                   that he has been surrounded and is relieved of the mobile as also

                   cash. As he reached the place, the accused persons opened fire
Patna High Court CR. MISC. No.29423 of 2026(2) dt.18-05-2026
                                            2/3




          causing injury to the co-driver. However, he caught hold of the

          miscreants which followed the scuffle but they succeeded in

          injuring him and took away Rs.15,000/- as also a mobile phone.

          This led to the F.I.R.

                       4. As the story subsequently unfold, one of the

          accused Chhotan Kumar was arrested by the Police and he gave

          the name of the other accused persons, the petitioner included,

          in that background, he got implicated.

                       5. Learned counsel for the petitioner submits that he

          is a young boy having no criminal antecedent and only on the

          basis of wrong confessional statement got implicated. Further,

          the allegation of opening fire is not on this petitioner, Chhotan

          Kumar was actively involved but now he is out of jail.

                       6. Learned APP on the other hand opposes the prayer

          submitting that not only there is allegation of taking away cash

          and mobile, in the process, the co-driver was assaulted/injured

          by opening of fire.

                       7. Taking into account the submissions of the parties

          as also the facts that have incorporated above, no case of

          anticipatory bail is made out.

                       8. The anticipatory bail application stands rejected.

                       9. However, if the petitioner surrenders in next four
            Patna High Court CR. MISC. No.29423 of 2026(2) dt.18-05-2026
                                                        3/3




                      weeks and prays for bail, the same be considered on the point

                      raised by the petitioner at the time of bail which be disposed of,

                      at an earliest.



                                                     (Rajiv Roy, J)
vinayak/-

U      T


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