Patna High Court

Atul Kumar @ Atul Kumar DubeyversusThe State of Bihar

Decided: 23 June 2026
Disposal: BAIL GRANTED
Bench: CHANDRA SHEKHAR JHA

Holding

The Court granted anticipatory bail to the petitioner, finding the material on record insufficient to justify denial of bail.

Summary

The petitioner, Atul Kumar Dubey, was not named in the FIR relating to an assault and theft under IPC Section 394. During investigation, a co‑accused, Amresh Kumar, made a confessional statement implicating the petitioner, while another co‑accused, Raja Kumar, allegedly stole the motorcycle. The petitioner, who has a clean antecedent, applied for anticipatory bail. The State opposed the bail, arguing the confessional statement created suspicion. The Court held that the suspicion arising solely from the co‑accused’s confession was insufficient to deny bail and, considering the petitioner’s clean record, ordered anticipatory bail subject to a bail bond of Rs.10,000 and two sureties, under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.

Issues considered

Whether anticipatory bail should be granted when the only incriminating material is a confessional statement of a co‑accused.
Whether the petitioner’s clean antecedent warrants bail under Section 438 of the Cr.P.C.

Legislation cited

Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
Criminal Procedure Code — s. 438(2)

Subjects

anticipatory bail
Section 438 CrPC
Section 482 B.N.S.S.
confessional statement
clean antecedent
IPC Section 394
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40202 of 2026
                         Arising Out of PS. Case No.-22 Year-2024 Thana- NOKHA District- Rohtas
                 ======================================================
                 Atul Kumar @ Atul Kumar Dubey S/o Late Pradip Kumar Dubey R/o Vill-
                 Durgapur, P.S - Nawadih, P.S.- Dehri, (M), District - Rohtas
                                                                                 ... ... Petitioner
                                                   Versus
                 The State of Bihar                                      ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Sanjay Kumar Tiwary, Advocate
                 For the Opposite Party/s :        Mr.Dilip Kumar No. 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   23-06-2026               Heard learned counsel for the petitioner and learned APP

                   for the State.

                             2. The accused-petitioner, not named in the F.I.R., is

                   apprehending his arrest in connection with Nokha P.S. Case No.

                   22 of 2024 registered for the offences punishable under Sections

                   394 of the Indian Penal Code.

                             3. As per FIR, 3-4 unknown miscreants assaulted the

                   informant and looted his motorcycle and mobile phone during

                   the occurrence.

                             4. Learned counsel appearing on behalf of the petitioner

                   submitted that during course of investigation, on the basis of

                   confessional statement of co-accused namely, Amresh Kumar,

                   the name of the petitioner transpired with present crime in

                   question. It is pointed out that Amresh Kumar has already been

                   granted bail by learned trial court. It is also pointed out that

                   investigation categorically suggest that motorcycle was taken
           Patna High Court CR. MISC. No.40202 of 2026(2) dt.23-06-2026
                                                       2/2




                     away by one co-accused namely, Raja Kumar. While concluding

                     argument, learned counsel submitted that petitioner is a man of

                     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 prima facie save and except suspicion

                     arising out of confessional statement of co-accused in police

                     custody, as discussed aforesaid, nothing incriminating appears

                     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 Chief Judicial

                     Magistrate, Rohtas/concerned court in connection with Nokha

                     P.S. Case No. 22 of 2024, 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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Lawyer court records for this case

Associated through the court’s case reference.

Sanjay Kumar Tiwary