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Patna High Court

Mukesh KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Anticipatory bail is not appropriate where the petitioner is named by a co‑accused in a dacoity case, and the application is dismissed.

Summary

Mukesh Kumar filed an anticipatory bail application fearing arrest in a dacoity case (Barachatti P.S. Case No. 854 of 2022) under Section 395 of the Indian Penal Code. The prosecution’s case is based on a self‑inculpatory statement of a co‑accused who named the petitioner as a participant. The petitioner’s counsel argued that he has no prior criminal record and no goods have been recovered from him. The Patna High Court held that being named by a co‑accused in a dacoity case does not make the case suitable for anticipatory bail. Consequently, the application was dismissed, and the petitioner was ordered to surrender within a week and seek regular bail, failing which the police were directed to arrest him.

Issues considered

  • Whether anticipatory bail can be granted when the petitioner is named in a co‑accused’s self‑inculpatory statement in a dacoity case under Section 395 IPC.

Legislation cited

Subjects

  • anticipatory bail
  • dacoity
  • Section 395 IPC
  • bail application
  • co‑accused statement
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30539 of 2025
                      Arising Out of PS. Case No.-854 Year-2022 Thana- BARACHATTI District- Gaya
                 ======================================================
                 Mukesh Kumar S/O Kailu Choudhary R/O Village- Rampur, Pancho, P.S-
                 Mohanpur, Distt.- Gaya, Bihar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Sanjay Kumar
                 For the Opposite Party/s :      Mr.Md. Ataur Rahman
                                                 Mr. Jharkhandi Upadhyay
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   19-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner apprehends his arrest in connection

                   with Barachatti P.S. Case No. 854 of 2022 registered for the

                   offence under Section 395 of the Indian Penal Code.

                                   3. As per the prosecution case, the informant has

                   alleged that unknown criminals have committed dacoity and

                   looted goods belonging to him.

                                   4. The name of the petitioner has come in the self-

                   inculpatory statement of the co-accused and the learned counsel

                   for the petitioner has pressed this application on the ground that

                   the petitioner has no criminal antecedent and there is no

                   recovery from him.
          Patna High Court CR. MISC. No.30539 of 2025(5) dt.19-02-2026
                                                      2/2




                                    5. In the opinion of this Court, when the petitioner

                    has been named as a dacoit by the co-accused, this is not a fit

                    case for grant of anticipatory bail.

                                    6. Accordingly, this application for anticipatory

                    bail is dismissed.

                                    7. The petitioner is directed to surrender in the

                    Court below within one week from today and pray for regular

                    bail failing which the Senior Superintendent of Police, Gaya

                    will take all steps for arrest of the accused person/s including

                    the petitioner.

                                    8.     Let a copy of this order this order be

                    communicated to the Senior Superintendent of Police, Gaya

                    through FAX for its compliance.



                                                               (Sandeep Kumar, J)
Vikas/-

U


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