Patna High Court

Rakesh Kumar @ Rakesh YadavversusThe State of Bihar

Decided: 10 March 2026
Disposal: DISMISSED
Bench: SANDEEP KUMAR

Holding

The court dismissed the anticipatory bail application, holding that the seriousness of the allegations and the petitioner’s implication in the co‑accused’s statement preclude the grant of bail.

Summary

The petitioner, Rakesh Kumar, filed an application for anticipatory bail in connection with a criminal case (PS Case No.124 of 2025) alleging an offence under section 309(4) of the B.N.S., 2023. The allegation arose because the petitioner’s name appeared in a self‑inculpatory statement made by a co‑accused, suggesting his involvement in a loot. The petitioner sought protection from arrest pending trial. The court examined the seriousness of the allegation and the fact that the petitioner was implicated by a co‑accused’s statement. Considering the nature of the allegations, the court was not inclined to grant anticipatory bail and dismissed the application.

Issues considered

Whether the petitioner is entitled to anticipatory bail under section 309(4) of the B.N.S., 2023 given the self‑inculpatory statement of a co‑accused.

Legislation cited

B.N.S., 2023 — s. 309(4)

Subjects

anticipatory bail
section 309(4)
self‑inculpatory statement
criminal procedure
bail dismissal

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.74990 of 2025
                     Arising Out of PS. Case No.-124 Year-2025 Thana- PHULPARAS District- Madhubani
                  ======================================================
                  Rakesh Kumar @ Rakesh Yadav S/o- Jagdev Yadav R/v- Navtol Ps-
                  Phulparas Dist- Madhubani
                                                                     ... ... Petitioner
                                            Versus
                  The State of Bihar
                                                              ... ... Opposite Party
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :        Mr. Hriday Narayan Harshit, Advocate
                  For the Opposite Party/s :        Mr. Jharkhandi Upadhyay, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                        ORAL ORDER

3    10-03-2026                    Heard learned counsel for the petitioner and learned

                    APP for the State.

                                    2.         This application for anticipatory bail arises

                    out of Phulparas P.S. Case No.124 of 2025 for the offence under

                    section 309(4) of the B.N.S., 2023.

                                    3.         Unknown criminals have committed loot.

                    The name of the petitioner has come in the self-inculpatory

                    statement of co-accused.

                                    4.         Considering the nature of allegation levelled

                    against the petitioner, I am not inclined to grant anticipatory bail

                    to the petitioner. Accordingly, this bail application is dismissed.



                                                           (Sandeep Kumar, J)

pawan/-
U       T

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