Patna High Court
Roshan kumar @ Roushan KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was denied because the nature and gravity of the offences did not merit such relief.
Summary
The petitioner, Roshan Kumar, sought anticipatory bail after his name was implicated in a case involving a shooting incident, based on a co-accused's self‑inculpatory statement. The prosecution alleged that unknown assailants on a motorcycle fired at an informant, and the petitioner was alleged to be involved under sections 109 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and several provisions of the Arms Act. The primary issue before the Court was whether the seriousness and nature of the alleged offences warranted the grant of anticipatory bail. The Court examined the gravity of the offences, the risk of tampering with evidence, and the potential for the petitioner to abscond. Concluding that the offences were serious, the Court declined to extend anticipatory bail. The petitioner was directed to surrender within two weeks and may apply for regular bail thereafter.
Issues considered
- Whether anticipatory bail should be granted in a case involving offences under the Bharatiya Nyaya Sanhita and the Arms Act given the nature and gravity of the alleged crimes.
Legislation cited
- Arms Act — s. 25(1-B)a, 26, 27, 35
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 3(5)
Subjects
- anticipatory bail
- criminal procedure
- Arms Act
- serious offence
- bail jurisprudence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37006 of 2026
Arising Out of PS. Case No.-31 Year-2026 Thana- KRITYANAND NAGAR District- Purnia
======================================================
Roshan kumar @ Roushan Kumar S/o Laxmi Uraon Resident of Chamru
Basa Bansh Bada, Madhepura, P.S. - Madhepura, Dist. - Madhepura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajit Kumar Singh
For the Opposite Party/s : Mr. Mohammad Sufyan
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 30-06-2026 Heard the learned counsel for the petitioner and the
learned counsel for the State.
2. The petitioner apprehends arrest in connection with
K. Nagar P.S. Case No. 31 of 2026 registered for offences
under Section(s) 109, 3(5) of the Bharatiya Nyaya Sanhita, 2023
and Section 27, 25(1-B)a, 26 and 35 of the Arms Act.
3. As per the prosecution case, unknown criminals
riding on a motorcycle had shot at the informant who was
returning after appearing in the examination. The name of the
petitioner has come in the case on the basis of the self-
inculpatory statement of co-accused.
4. Considering the nature and the gravity of the
offence, this Court is not inclined to grant the privilege of
anticipatory bail to the petitioner in the present case.
Patna High Court CR. MISC. No.37006 of 2026(2) dt.30-06-2026
2/2
5. Accordingly, the application for anticipatory bail is
hereby dismissed.
6. However, the petitioner is at liberty to surrender
before the concerned Court below within two weeks from today
and pray for regular bail, if so advised.
7. It is, however, clarified that the observations made
herein are limited to the adjudication of the present application
and shall not prejudice the case of the petitioner at any
subsequent stage of the proceedings.
(Sandeep Kumar, J)
Shishir/-
U T
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