Patna High Court
Satyam Kumar @ Satyam Kumar JhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court granted anticipatory bail to the petitioner subject to the stipulated conditions.
Summary
The petitioner, Satyam Kumar, was named in an FIR for a robbery committed at gunpoint, based solely on the identification by a co-accused, Ritik Raj, who was apprehended by private persons. The petitioner contended that the only incriminating material was the co-accused’s statement, which he alleged stemmed from a neighbourhood dispute, and that he has a clean antecedent. The State opposed the grant of anticipatory bail. The Court observed that, apart from the co-accused’s disclosure, there was no prima facie evidence against the petitioner and, considering his clean record, ordered anticipatory bail. The bail was conditioned on surrender within four weeks, a bail bond of Rs.10,000 with two sureties, and compliance with Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether the petitioner is entitled to anticipatory bail when the only allegation against him is the co-accused’s identification.
- Whether the co-accused’s statement, arising from a neighbourhood dispute, suffices to justify arrest.
- Applicability of Section 438 Cr.P.C. and Section 482 B.N.S.S. in granting anticipatory bail.
Legislation cited
- Arms Act — s. 25(1-B), 26, 35
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyay Sanhita, 2023 — s. 303(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- robbery
- gunpoint
- co-accused testimony
- clean antecedent
- Section 438
- Section 482
- Bhartiya Nyay Sanhita
- Arms Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36757 of 2026
Arising Out of PS. Case No.-44 Year-2026 Thana- MUSRIGHRARI District- Samastipur
======================================================
Satyam Kumar @ Satyam Kumar Jha S/o Ankesh Kumar Jha @ Nikesh
Kumar @ Ankesh Kumar R/o vill - Chaksirai, Post - Ujiyapur, P.S.-
Ujiyarpur, Distt.- samastipur, Presently residing at mohalla- Mohanpur near
Chandna Petrol Pump, Post - Samastipur, P.S.- Town, Distt.- Samastipur
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Abhay Kumar, Advocate
For the Opposite Party/s : Mr.Anant Kumar 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 17-06-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The accused-petitioner, named in the F.I.R., is
apprehending his arrest in connection with Musrigharari P.S.
Case No. 44 of 2026 registered for the offences punishable
under Sections 303(2), & of the Bhartiya Nyay Sanhita, 2023 (in
short, the ‘B.N.S.’) and section 25(1-B) 26, 35 of the Arms Act.
3. As per FIR, two persons entered into the shop of the
informant and looted cash of Rs. 48,350/- on the gun-point and
fled away. One of the accused person was apprehended by
private person including informant by chasing, who, thereafter,
disclosed his name as Ritik Raj and also the name of the person
who succeeded to flee away as Satyam Kumar @ Satyam
Patna High Court CR. MISC. No.36757 of 2026(2) dt.17-06-2026
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Kumar Jha (petitioner).
4. Learned counsel appearing on behalf of the petitioner
submitted that save and except suspicion arising out of
disclosure of the apprehended co-accused Ritik Raj, nothing
incriminating appears against this petitioner. It is submitted that
during investigation, it transpires that this Ritik Raj and the
petitioner are next door neighbours and, therefore, out of
neighbourhood dispute and differences, the petitioner was
named by apprehended co-accused Ritik Raj without having any
cogent/ connecting materials. It is submitted that arrest was
made by private persons. Petitioner claimed clean antecedent.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. In view of the aforesaid factual submissions and by
taking note of the fact as save and except suspicion arising out
of disclosure made by apprehended co-accused, prima facie
nothing appears incriminating against this petitioner, who is a
man of clean antecedent, accordingly, above-named petitioner,
in the event of his arrest/surrender within a period of four weeks
from this order, is directed to be enlarged on bail on furnishing
of bail bond of Rs.10,000/- (ten thousand only) with two
sureties of the like amount each to the satisfaction of learned
Patna High Court CR. MISC. No.36757 of 2026(2) dt.17-06-2026
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Chief Judicial Magistrate, Samastipur/concerned court in
connection with Musrigharari P.S. Case No. 44 of 2026, subject
to the conditions as laid down under Section 438(2) of the
Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita
(in short “B.N.S.S.”).
(Chandra Shekhar Jha, J)
Rajeev/-
U T
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