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Patna High Court

Pradip Kumar @ Pradip Kumar GuptaversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The anticipatory bail application was rejected, but the petitioner was permitted to surrender within four weeks and have the matter disposed of promptly.

Summary

Petitioner Pradip Kumar Gupta feared arrest in connection with PS Nayagaon Case No. 16 of 2019, where offences under IPC sections 420, 385, 506 and 504 read with section 34 were registered. He filed an anticipatory bail application, seeking liberty to surrender and obtain bail. The Court, after hearing, rejected the anticipatory bail plea, but granted liberty to surrender within four weeks from the order date. The Court directed that upon surrender, the matter would be taken up and preferably disposed of on the same day. Thus, the petitioner was denied anticipatory bail but allowed to surrender and seek regular bail within a stipulated period.

Issues considered

  • Whether anticipatory bail can be granted in the present case involving offences under IPC sections 420, 385, 506, 504 and 34
  • Whether the petitioner may be permitted to surrender and obtain bail after the rejection of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • IPC
  • surrender
  • criminal procedure
  • bail

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.645 of 2026
                        Arising Out of PS. Case No.-16 Year-2019 Thana- NAYAGAON District- Saran
                  ======================================================
                  Pradip Kumar @ Pradip Kumar Gupta S/O Late Harihar Prasad R/O
                  Mohalla/Vill.- Nasariganj, Ward no. 8, P.S.- Nasariganj, Dist.- Rohtas.
                                                                                 ... ... Petitioner/s
                                                     Versus
                  The State of Bihar
                                                                          ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr. Raju Kumar, Adv.
                  For the Opposite Party/s :       Mr. Sanjay Kumar, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                        ORAL ORDER

2    04-02-2026                   Heard the parties.

                                 2. The petitioner apprehends his arrest in connection with

                    Nayagaon P.S. Case No. 16 of 2019 for the offence registered under

                    sections 420, 385, 506 and 504 read with Section 34 of the Indian

                    Penal Code.

                                 3. After some argument, learned counsel for the petitioner

                    prays for withdrawal of the petition to surrender and seek bail.

                                 4. Granting said liberty, the anticipatory bail application

                    stands rejected.

                                 5. However, if the petitioner surrenders within four weeks

                    from today, the Court concerned shall take up the matter and dispose

                    it of preferably on the same day.



                                                  (Rajiv Roy, J)
Vijay Singh/-

U      T


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