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Patna High Court

Vatuk @ Barka @ Dharmendra KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                        3/3




                                   (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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