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Patna High Court

Ashish Kumar @ Dilkhus @ Dilkhus KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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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