Patna High Court
Raushan KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was not granted to the petitioner.
Summary
The petitioner, Raushan Kumar, filed an anticipatory bail application fearing arrest in connection with Bahera P.S. Case No. 104 of 2024, which involves offences under Sections 310(4) and 310(5) of the B.N.S. and Sections 25(1‑b)a and 35 of the Arms Act. The prosecution alleges that unknown criminals were planning a dacoity and that a country‑made pistol and other articles were recovered, with the petitioner’s name appearing in the confessional statement of an apprehended individual. The Court examined whether the presence of the petitioner’s name in the confessional statement warranted the grant of anticipatory bail. Finding the material insufficient to justify such relief and noting the seriousness of the alleged offences, the Court declined to grant anticipatory bail. The application was dismissed and the petitioner was directed to surrender before the lower court within two weeks to seek regular bail, failing which the police were authorized to arrest him.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite his name appearing in a confessional statement.
- Whether the allegations under Sections 310(4), 310(5) of the B.N.S. and Sections 25(1‑b)a, 35 of the Arms Act justify denial of anticipatory bail.
Legislation cited
Subjects
- anticipatory bail
- dacoity
- Arms Act
- confessional statement
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 33433 of 2026
Arising Out of PS. Case No.-104 Year-2024 Thana- Bahera District- Gaya
======================================================
Raushan Kumar S/o Satyanand Paswan R/o vill- Nauagardan, P.S.-
Barachatti, Distt.- Gaya ji
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar Singh, Adv.
For the Opposite Party/s : Mr. Sharda Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 19-06-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Bahera P.S. Case No. 104 of 2024 registered for the
offence under Sections 310(4) and 310(5) of the B.N.S. and read
with Sections 25(1-b)a and 35 of the Arms Act.
3. As per the prosecution case, unknown criminals
were planning a dacoity and there has been a recovery of
country made pistol and other articles from them.
4. The name of the petitioner has come in the
confessional statement of the apprehended person.
5. In view of the above, this Court is not inclined to
grant anticipatory bail to the petitioner.
6. Accordingly, this application is dismissed.
Patna High Court CR. MISC. No. 33433 of 2026(2) dt.19-06-2026
2/2
7. The petitioner is directed to surrender before the
court below within two weeks from today and pray for regular
bail, failing which the Senior Superintendent of Police, Gaya
Jee will take all steps for arrest of the accused person/s
including the petitioner.
8. Let a copy of this order be communicated to the
Senior Superintendent of Police, Gaya Jee through FAX for its
compliance.
(Sandeep Kumar, J)
sadique/-
U T
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