Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was not granted; the application was dismissed.
Summary
The petitioner, Rahul Kumar, applied for anticipatory bail fearing arrest in a dacoity case (Barh P.S. Case No. 450 of 2024) involving offences under Sections 395 and 397 of the Indian Penal Code. The prosecution alleged that unknown criminals committed the dacoity and the petitioner’s name appeared in the co‑accused’s self‑inculpatory statement, though he claimed innocence and cited a prior criminal antecedent. The court examined whether the circumstances warranted the grant of anticipatory bail under Section 438 of the Criminal Procedure Code. Considering the seriousness of the offences and the petitioner’s alleged involvement, the court was not inclined to grant anticipatory bail. Consequently, the application was dismissed and the petitioner was ordered to surrender to the lower court within two weeks and seek regular bail, failing which the police would be directed to arrest him.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the Criminal Procedure Code in a case involving dacoity under Sections 395 and 397 IPC.
- Whether the petitioner’s alleged involvement, as indicated by the co‑accused’s statement and his prior criminal antecedent, justifies denial of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438
- Indian Penal Code — s. 395, 397
Subjects
- anticipatory bail
- dacoity
- IPC Section 395
- IPC Section 397
- CrPC Section 438
- bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71684 of 2025
Arising Out of PS. Case No.-450 Year-2024 Thana- BARH District- Patna
======================================================
Rahul Kumar S/o Ramprit Singh @ Ram Prit Singh R/o Village- Dakshini
Chak, Athamalgola, P.S.- Athamalgola, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ravi Shanker Pankaj
For the Opposite Party/s : Mr.Suresh Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 21-01-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner apprehends his arrest in connection
with Barh P.S. Case No. 450 of 2024 dated 27.06.2024
corresponding to G.R. No. 1759/2024 registered for the offences
under Sections 395 and 397 of the Indian Penal Code.
3. As per the prosecution case, unknown criminals
committed dacoity after injuring the victim.
4. It has been submitted by the learned counsel for the
petitioner that the petitioner is innocent and he has falsely been
implicated in this case. The petitioner has one criminal
antecedent as stated in para. 3 of the bail petition. Petitioner’s
name has come in the self-inculpatory statement of the co-
accused.
Patna High Court CR. MISC. No.71684 of 2025(3) dt.21-01-2026
2/2
5. Considering the above, this court is not inclined to
grant anticipatory bail to the petitioner.
6. Accordingly, this application for anticipatory bail is
dismissed.
7. The petitioner is directed to surrender in the Court
below within two weeks from today and pray for regular bail
failing which the Senior Superintendent of Police, Patna will
take all steps for arrest of the petitioner.
8. Let a copy of this order be communicated to the
Senior Superintendent of Police, Patna through FAX for its
compliance.
(Sandeep Kumar, J)
atul/-
U T
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