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Patna High Court

Vasik @ Md. VasikversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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
                                                        2/2




                      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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