Patna High Court
Vatuk @ Barka @ Dharmendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
The Court granted bail to the petitioner, subject to conditions, under Section 482(2) of the B.N.S.S 2023.
Summary
The petitioner, Vatuk @ Barka @ Dharmendra Kumar, applied for bail in connection with a criminal case (Nagarnausa PS Case No. 177 of 2025) involving offences under several sections of the B.N.S., 2023 and Section 27 of the Arms Act. He contended that he is not named in the FIR and that his name appears only in a co‑accused's confessional statement, which he argued lacks evidentiary value, and that he has no prior criminal record. The State opposed the bail application. The High Court examined whether the absence of the petitioner’s name in the FIR and the reliance on a confessional statement justified denial of bail, and considered the applicability of Section 482(2) of the B.N.S.S 2023. Finding no material incriminating the petitioner and noting his clean record, the Court allowed the bail petition, directing the petitioner to surrender within eight weeks on furnishing bail bonds of Rs.10,000 with two sureties, subject to conditions regarding concealment of antecedents or false statements. The order was issued by Justice Jitendra Kumar.
Issues considered
- Whether bail can be granted when the petitioner is not named in the FIR but is mentioned in a co‑accused's confessional statement.
- Whether Section 482(2) of the B.N.S.S 2023 permits the grant of bail in the present circumstances.
- Whether the petitioner’s claim of no criminal antecedents and lack of prior bail petitions affects the bail decision.
Legislation cited
- Arms Act — s. 27
- B.N.S., 2023 — s. 103(1), 190, 191(2), 191(3), 351(3), 352, 482(2), 61(2)
Subjects
- bail
- criminal procedure
- confessional statement
- anticipatory bail
- Section 482
- non‑named in FIR
- Arms Act
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4426 of 2026
Arising Out of PS. Case No.-177 Year-2025 Thana- NAGARNAUSA District- Nalanda
======================================================
Vatuk @ Barka @ Dharmendra Kumar S/O Rameshwar Gop R/O Village-
Badiha, P.S- Nagarnausa, Distt.- Nalanda.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Birendra Kumar, Advocate
For the State : Mr. Ram Sumiran Rai, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail, apprehending his arrest,
in connection with Nagarnausa P.S. Case No. 177 of 2025,
dated.13.07.2025, registered for the offences punishable under
Sections 191(2), 191(3), 190, 103(1), 61(2), 352, 351(3) of the
B.N.S., 2023 and Section 27 of the Arms Act.
3. As per allegation, the co-accused have assaulted the
husband of the Informant.
4. Learned counsel for the petitioner submits that the
Petitioner is innocent and has falsely been implicated in this
case. He further submits that the Petitioner is not named in the
FIR nor there is any incriminating material against him which
could connect him to the alleged offence. He further submits
Patna High Court CR. MISC. No.4426 of 2026(2) dt.04-02-2026
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that the name of the Petitioner has transpired in the confessional
statement of the co-accused before the police which has no
evidentiary value.
5. It is also stated in paragraph no. 2 of the bail
petition that the petitioner has not moved this Court earlier
either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the
bail petition that the petitioner has no criminal antecedents.
7. However, learned APP for the State vehemently
opposes the prayer of the Petitioner for bail.
8. Considering the fact that the Petitioner is not named
in the FIR and his name has transpired in the confessional
statement of the co-accused, this petition is allowed, directing
the petitioner, above-named, to be enlarged on bail, in the event
of his arrest or surrender before the court below within a period
of eight weeks from the date of receipt / production of a copy of
this order, on his furnishing bail bonds in the sum of Rs.
10,000 /- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned concerned Court below, in
connection with Nagarnausa P.S. Case No. 177 of 2025, subject
to the conditions as laid down under Section 482 (2) of the
B.N.S.S 2023, and on the following conditions:
Patna High Court CR. MISC. No.4426 of 2026(2) dt.04-02-2026
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(i) In case, it is brought to the notice of the court
below that the petitioner has any criminal antecedents, learned
court below shall cancel the bail bonds of the petitioner after
hearing him and getting satisfied that the petitioner has
concealed his criminal antecedents despite his knowledge of the
same.
(ii) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong,
learned court below shall cancel the bail bonds of the petitioner.
(Jitendra Kumar, J.)
Chandan/-
U T
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