Patna High Court
Vasik @ Md. VasikversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
Holding
Anticipatory bail was denied as the petitioner was implicated by the co‑accused and had prior criminal antecedents.
Summary
The petitioner, Vasik, sought anticipatory bail after being implicated in a case (Kasba P.S. Case No. 17 of 2026) for offences under Sections 303(2), 317(2) and 3(5) of the B.N.S. based on the testimony of a co‑accused who was arrested at the scene of a motorcycle lock‑breaking. The prosecution highlighted the co‑accused’s statement naming the petitioner and pointed to four prior criminal antecedents against him. The petitioner’s counsel argued that the co‑accused’s confession should not automatically implicate him. The court, after considering the seriousness of the allegations, the co‑accused’s identification, and the petitioner’s criminal record, concluded that no relief could be granted. Consequently, the anticipatory bail application was rejected, with the court directing that if the petitioner surrenders within four weeks and files a regular bail application, it will be considered promptly.
Issues considered
- Whether anticipatory bail under CrPC Section 438 can be granted to the petitioner despite being named by a co‑accused and having prior criminal antecedents
- Whether the co‑accused’s testimony alone suffices to deny anticipatory bail
Legislation cited
- Bihar Negotiable Instruments Act — s. 303(2), 317(2), 3(5)
- Code of Criminal Procedure, 1973 — s. 438
Subjects
- anticipatory bail
- CrPC Section 438
- criminal antecedents
- co‑accused testimony
- B.N.S. offences
- bail application
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31333 of 2026
Arising Out of PS. Case No.-17 Year-2026 Thana- KASBA District- Purnia
======================================================
Vasik @ Md. Vasik S/o Mohammad Iliyas @ Md.Iliyas @ Akhtar R/o Village
- Madarghat, Fatehpur, P.S. - Kasba, Dist. - Purnea(Bihar)854330.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar, Advocate
: Mr. Nishant Kumar Sinha, Advocate
For the State : Mr. Md. Matloob Rab, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 07-05-2026 Heard the parties.
2. The petitioner is apprehending his arrest in
connection with Kasba P.S. Case No. 17 of 2026 registered for
the offence punishable under Sections 303(2), 317(2) and 3(5)
of the B.N.S., lodged on 12.01.2026 by the informant Saheb
Soren.
3. As per the prosecution story, the informant alleged
that he found one accused trying to break the lock of the
motorcycle, they rushed to the place, one of the accused was
apprehended while other managed to escape. The apprehended
person gave the name of the petitioner which led to the F.I.R.
4. Learned counsel for the petitioner submits that
admittedly, the person who was trying to break the lock, has
Patna High Court CR. MISC. No.31333 of 2026(2) dt.07-05-2026
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been arrested. He is an accused, but on his confession, this
petitioner has been implicated.
5. Learned APP has taken this Court to paragraph
no.3 to show that four criminal antecedents are under his belt.
6. Taking into account the submissions of the parties,
as also taking note of the criminal antecedents and considering
that the co-accused has named him, in that background, no relief
can be extended to him.
7. The anticipatory bail application stands rejected.
8. However, if the petitioner surrenders within a
period of four weeks, files bail application, the court concerned
shall consider the matter and dispose it of preferably on the
same day.
(Rajiv Roy, J)
vinayak/-
U T
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