Patna High Court
Ashish Kumar @ Dilkhus @ Dilkhus KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was refused.
Summary
Ashish Kumar applied for anticipatory bail in a case registered under Section 310(2) of the Bharatiya Nyaya Sanhita for alleged assault with a pistol and robbery of Rs. 2,41,000. He contended that he is innocent, not named in the FIR, and was only implicated through a co‑accused’s confessional statement. The State opposed the bail, highlighting the petitioner’s two prior criminal convictions. The court examined the seriousness of the charge and the petitioner’s criminal antecedents. Considering the nature of the accusation and the antecedents, the court refused anticipatory bail. Consequently, the bail application was dismissed.
Issues considered
- Whether anticipatory bail can be granted to a person not named in the FIR but implicated through a co‑accused's statement
- Whether prior criminal antecedents justify refusal of anticipatory bail
- Whether the nature of the offence under Section 310(2) of the Bharatiya Nyaya Sanhita warrants denial of bail
Legislation cited
- Bharatiya Nyaya Sanhita — s. 310(2)
Subjects
- anticipatory bail
- criminal antecedents
- Section 310
- Bharatiya Nyaya Sanhita
- bail refusal
- robbery
- assault
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5143 of 2026
Arising Out of PS. Case No.-7 Year-2025 Thana- RANIGANJ District- Araria
======================================================
Ashish Kumar @ Dilkhus @ Dilkhus Kumar S/O Raj Kumar Singh Resident
of Village- Kabilasha, Police Station- Raniganj, District- Araria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mukesh Kumar Rana, Advocate
For the Opposite Party/s : Mr. Anant Kumar 1, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 03-02-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in Raniganj P. S. Case
No. 07 of 2025 registered for the offence punishable under
Section 310(2) of the Bharatiya Nyaya Sanhita.
3. It is alleged that three unknown miscreants, riding
on motorcycle, assaulted informant with the butt of pistol and
snatched away Rs. 2,41,000/-.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Petitioner
is not named in the F.I.R. and his name transpired during course
of investigation in confessional statement of co-accused.
5. Learned A.P.P. for the State vehemently opposed
the bail application and submitted that petitioner has got two
criminal antecedents.
Patna High Court CR. MISC. No.5143 of 2026(2) dt.03-02-2026
2/2
6. Considering the nature of accusation and criminal
antecedents, prayer for anticipatory bail of the petitioner is
refused.
(Prabhat Kumar Singh, J)
Navya/-
U T
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