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Patna High Court

Satyam Kumar @ Satyam Kumar JhaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                       3/3




                     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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