Patna High Court
Abhay Pratap @ Abhay Kumar @ JhakaluversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied as the material on record and the seriousness of the offences warranted custody.
Summary
The petitioner, Abhay Pratap, feared arrest in a case initially registered under Section 140(3) of the Bihar Narcotic Substances (B.N.S.) Act, later amended to include Sections 103(1), 238 and 61(2). He was not named in the FIR; his alleged involvement emerged from the confessional statement of co‑accused Rishi Kumar, who alleged that the petitioner participated in the assault and subsequent disposal of the informant's son’s body. The petitioner filed an application for anticipatory bail, arguing lack of direct FIR mention and insufficient material. The court examined the material collected during investigation, noting the seriousness of the offences and the reliance on a co‑accused’s confession. Considering the gravity of the crime and the evidentiary material, the court rejected the anticipatory bail application. The order was pronounced by Justice Prabhat Kumar Singh.
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 the material collected during investigation suffices to justify denial of anticipatory bail in serious offences under the B.N.S. Act.
Legislation cited
- Bihar Narcotic Substances Act — s. 103(1), 140(3), 238, 61(2)
Subjects
- anticipatory bail
- FIR
- confessional statement
- serious offence
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3714 of 2026
Arising Out of PS. Case No.-520 Year-2025 Thana- ARA NAWADA District- Bhojpur
======================================================
Abhay Pratap @ Abhay Kumar @ Jhakalu S/O Vijay Singh @ Vijay Prasad
Resident of Village - Sabalpur, Bahera, P.S- Udwant Nagar,Dist- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Manoj Kumar, Advocate
Ms. Bhawana Jha, Advocate
For the State : Mr. Amitesh Kumar, APP
For the Informant : Mr. Bibhakar Tiwary, ADvocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 24-03-2026 Heard learned counsel for the petitioner, learned
A.P.P for the State and learned counsel for the informant.
2. The petitioner apprehends his arrest in a case
registered for offence punishable under Section 140(3) of B.N.S.
and later on, Sections 103(1), 238, 61(2) of B.N.S. were added.
3. Petitioner is not named in the F.I.R. Name of the
petitioner surfaced during investigation in the confessional
statement of co-accused Rishi Kumar @ Nand Lal Raj, who
stated that this petitioner along with other accused persons
assaulted son of informant brutally and thereafter, in order to
conceal the evidence, threw his dead-body in a canal, from
which the dead-body was recovered.
Patna High Court CR. MISC. No.3714 of 2026(3) dt.24-03-2026
2/2
4. Considering the material which has been collected
during investigation and gravity of offence, the prayer for
anticipatory bail of petitioner is rejected.
(Prabhat Kumar Singh, J)
shashank/-
U T
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