Patna High Court
Bicky KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner.
Summary
The petitioner, Bicky Kumar, sought anticipatory bail after learning that he might be arrested in a robbery case under Section 392 of the Indian Penal Code. The FIR described an assault and theft of jewellery, a mobile phone and cash by three unknown persons, but the petitioner’s name does not appear in the FIR; he was implicated solely on the basis of a confessional statement made by co‑accused Vinod Kumar. No stolen property was found in the petitioner’s possession and he has a clean antecedent. The State opposed the bail application. Considering the lack of direct evidence, the petitioner’s clean record and the nature of the accusation, the Court granted anticipatory bail, directing the petitioner to surrender within eight weeks and to furnish a bail bond of Rs 10,000 with two sureties, subject to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail can be granted to a person not named in the FIR but implicated solely on a co‑accused’s confessional statement under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Indian Penal Code — s. 392
Subjects
- anticipatory bail
- Section 392 IPC
- confessional statement
- co‑accused
- clean antecedent
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5637 of 2026
Arising Out of PS. Case No.-651 Year-2021 Thana- MADHAURAH District- Saran
======================================================
Bicky Kumar Son of Balwan Prasad Resident of Village- Moti Chapra, P.S.-
Sahajitpur, District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate
For the Opposite Party/s : Mr. Binod Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offence punishable under Section 392 of the Indian Penal
Code.
3. As per F.I.R., three unknown miscreants assaulted
informant and looted his jewellery, mobile phone and cash of
Rs. 30,000/- while he was returning home along with her family,
on motorcycle.
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 he has been made accused only on
the basis of confessional statement of co-accused Vinod Kumar.
No stolen article has been recovered from conscious possession
of the petitioner. Petitioner claims clean antecedent.
Patna High Court CR. MISC. No.5637 of 2026(2) dt.04-02-2026
2/2
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering backdrop of the case, nature of
accusation and clean antecedent, this anticipatory bail is allowed
and it is ordered that let the above named petitioner in the event
of his arrest/surrender before the court below within a period of
eight weeks from today, be enlarged on bail on furnishing bail-
bond of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of Chief Judicial Magistrate,
Saran in connection with Marhaura P. S. Case No. 651 of 2021,
subject to condition as laid down under Section 482(2) of the
Bharatiya Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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