Patna High Court
Indal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
The petitioner, Indal Kumar, applied for anticipatory bail after learning that he might be arrested in a case registered under Sections 103(1), 61(2), 3(5) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act. The FIR, filed on the basis of a political rivalry, named other accused but did not mention the petitioner; his name emerged only from a confessional statement of co‑accused Rattan Kumar. The petitioner argued that there was no material linking him to the alleged murder of the informant's husband, while the State opposed the bail on the ground of seriousness of the offences. The Court examined whether anticipatory bail could be granted when the petitioner is not a named accused in the FIR but is implicated through a co‑accused's statement, and considered the applicability of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. Finding the material insufficient to justify denial of bail, the Court allowed anticipatory bail subject to surrender within eight weeks, a bail bond of Rs.10,000 and two sureties, and compliance with the conditions under Section 482(2).
Issues considered
- Whether anticipatory bail can be granted when the petitioner is not named in the FIR but is implicated through a co‑accused's confessional statement
- Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita empowers the Court to grant anticipatory bail in such circumstances
- Whether the material on record is sufficient to justify denial of anticipatory bail
Legislation cited
- Arms Act — s. 27
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 103(1), 3(5), 61(2)
Subjects
- anticipatory bail
- FIR
- confessional statement
- political rivalry
- Arms Act
- Section 482
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36155 of 2026
Arising Out of PS. Case No.-53 Year-2025 Thana- PIPRA District- Patna
======================================================
Indal Kumar S/o Dayanand Ram R/o Village- Purana, Haripur, Ps- Koilwar,
Dist- Bhojpur, at present Vill- Shorampur, Behrawan, P.S.-Pipra, Dist.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Satish Kumar Sinha, Advocate
Mr. Krishna Prasad Singh, Senior Advocate
Ms. Moni Kumari, Advocate
Mr. Satish Krishna, Advocate
Mr. Shwetank, Advocate
For the Opposite Party/s : Mr. Veena Kumari Jaiswal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 25-06-2026 Heard learned counsel for the petitioner and the
State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 103(1), 61(2), 3(5) of the
Bharatiya Nyaya Sanhita and Section 27 of the Arms Act.
3. As per FIR, informant suspects that due to political
rivalry, all the F.I.R. named accused persons, including this
petitioner, got the husband of informant killed.
4. Learned counsel for the petitioner submits that
petitioner is not named in the F.I.R. The name of the petitioner
transpired during investigation in the confessional statement of
co-accused Rattan Kumar. Save and except, there is no other
Patna High Court CR. MISC. No.36155 of 2026(2) dt.25-06-2026
2/2
material on record to indicate complicity of this petitioner in the
alleged occurrence. FIR named accused person Jay Prakash
Paswan has already been granted bail by this Hon’ble Court
vide order dated 17.12.2025 in Cr. Misc. No. 85968 of 2025.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering backdrop of the case and nature of
accusation and other circumstances of the case, this anticipatory
bail is allowed and it is ordered that let the above named
petitioner in the event of his arrest/surrender before the court
below within a period of eight weeks from today, be enlarged on
bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with
two sureties of the like amount each to the satisfaction of
Additional Chief Judicial Magistrate, Masaurhi, Patna in
connection with Pipra P. S. Case No. 53 of 2025, subject to
condition as laid down under Section 482(2) of the Bharatiya
Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Koushik/Alok
Raj-
U T
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