Patna High Court
Mukesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Indian Penal Code — s. 395
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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