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Patna High Court

Rajnish KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied to the petitioner.

Summary

Petitioner Rajnish Kumar sought anticipatory bail after learning that his name had been implicated in a murder case under Sections 103(1) and 3(5) of the B.N.S. The FIR did not name him; his alleged involvement emerged solely from the confessional statement of co-accused Akash Kumar, who claimed the petitioner inflicted a knife wound on the deceased. The petitioner argued he was innocent and that the informant was not an eye‑witness, while the State highlighted the confessional statement and the petitioner's prior criminal antecedent. The Court examined the reliability of a co‑accused’s confession, the seriousness of the offence, and the petitioner’s antecedents. Concluding that the material on record was insufficient to justify bail and that the gravity of the charge warranted custody, the Court rejected the anticipatory bail application.

Issues considered

  • Whether anticipatory bail can be granted when the only incriminating material is a confessional statement of a co‑accused.
  • Whether the confessional statement of a co‑accused is sufficient to establish prima facie case against the petitioner.
  • Whether the petitioner's prior criminal antecedent influences the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • confessional statement
  • criminal antecedent
  • Section 103
  • Section 3
  • B.N.S.
  • bail jurisprudence
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.3249 of 2026
                     Arising Out of PS. Case No.-204 Year-2025 Thana- DERNI BAZAR District- Saran
                 ======================================================
                 Rajnish Kumar S/o- Vinod Ray R/v- Jaminpur Ps- Derni Dist- Saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :        Ms. Mili Kumari, Advocate
                                                  Ms. Shambhawi, Advocate
                 For the State           :        Dr. Mrityunjaya Kr.Gautam, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   09-04-2026                    Heard learned counsel appearing on behalf of the

                   petitioner and learned APP appearing on behalf of the State.

                                  2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Sections 103(1) and

                   3(5) of the B.N.S..

                                  3. As per prosecution case, informant suspects that all

                   the F.I.R. named accused persons, along with some unknown

                   persons, killed his son.

                                  4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that petitioner is quite innocent and has

                   committed no offence. Informant is not an eye witness to the

                   occurrence. Petitioner is not named in the F.I.R.. Name of

                   petitioner transpired in this case during investigation, merely on

                   the basis of confessional statement of co-accused Akash Kumar.
             Patna High Court CR. MISC. No.3249 of 2026(3) dt.09-04-2026
                                                         2/2




                       Save and except confessional statement, there is no material on

                       record to show the complicity of this petitioner in the alleged

                       offence.

                                    5. On the other hand, learned A.P.P. for the State has

                       vehemently opposed the prayer for grant of anticipatory bail to

                       the petitioner and submitted that name of petitioner transpired in

                       this case during investigation on the basis of confessional

                       statement of co-accused Akash Kumar wherein he has confessed

                       that this petitioner was one of the attackers and he inflicted

                       knife upon the deceased. Petitioner has got one criminal

                       antecedent.

                                    6. Considering the facts and circumstances of the

                       case, materials that have surfaced during investigation, gravity

                       of offence and criminal antecedents of the petitioner, the prayer

                       for grant of anticipatory bail to the petitioner is rejected.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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