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Patna High Court

Anurag Kumar Roy @ Annu Singh@Anurag Kumar RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioner, finding insufficient admissible evidence to justify continued detention.

Summary

The petitioner, Anurak Kumar Roy, was arrested in connection with a violent incident in Khanpur where a child was injured and a co‑accused, Sandeep Saurabh, was seen with a weapon. The FIR originally charged the petitioner under IPC sections 307 (attempt to murder) and 120 (criminal conspiracy) and Arms Act section 27, later amended to include sections 302 (murder) and 120(B). The petitioner’s counsel argued that the only evidence against him was a confessional statement obtained from a spy, which is inadmissible, and that the informant identified only Sandeep Saurabh. The State opposed bail, citing the seriousness of the offences. The Court, after considering the lack of substantive evidence beyond the inadmissible confession, ordered the petitioner’s release on regular bail with a bond of Rs 10,000 and two sureties, directing him to appear before the Sessions Court as required.

Issues considered

  • Whether regular bail can be granted in a case involving murder, attempt to murder and criminal conspiracy when the primary evidence against the accused is an inadmissible confessional statement.

Legislation cited

Subjects

  • bail
  • murder
  • attempt to murder
  • criminal conspiracy
  • confessional statement
  • Arms Act
  • IPC sections 307 302 120 120(B)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.75257 of 2025
                    Arising Out of PS. Case No.-112 Year-2024 Thana- KHANPURA District- Samastipur
                 ======================================================
                 Anurag Kumar Roy @ Annu Singh@Anurag Kumar Ray S/o Ranjit Roy R/o
                 Mohalla- Gaurra, P.S.- Teghra, District- Begusarai

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Pritish Kumar Lal
                 For the Opposite Party/s :       Mr.Md. Mushtaque Alam
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

3   05-02-2026                  Heard learned counsel for the petitioner and learned APP

                   for the State.

                                2. The petitioner seeks regular bail in connection with

                   Khanpur P.S. Case No.           112 of 2024 initially registered for the

                   offence punishable under Sections-307 & 120 of the Indian Penal

                   Code and 27 of the Arms Act but later on, by order dated 12-09-

                   2024, Section-302 & 120(B) of the Indian Penal Code was also

                   added.

                                3. Allegedly, hearing the sound of firing, the informant

                   woke up and saw his son injured and pool of blood was oozing out

                   from his head. The informant saw the co-accused Sandeep Saurabh

                   standing with a weapon in his hand.

                                4. Learned Sr. counsel for the petitioner has submitted that

                   that the petitioner is innocent and he has falsely been implicated in
            Patna High Court CR. MISC. No.75257 of 2025(3) dt.05-02-2026
                                                        2/2




                      this case. He has submitted further that FIR shows that the co-

                      accused Sandip Saurabh was seen by the informant at the place of

                      occurrence carrying a pistol soon before seeing his son in pool of

                      blood. Except Sandip Saurabh, the informant did not name any other

                      accused. Except the confessional statement, there is nothing against

                      the petitioner. The petitioner was arrested on the basis of information,

                      given by spy and his confessional statement was elicited. Except

                      confessional statement which is no admissible in evidence, there is

                      nothing against the petitioner. The petitioner is under custody since

                      18-07-2024.

                                   5. Learned counsel appearing for the State has opposed

                      the prayer for bail.

                                   6. Considering the aforesaid facts and circumstances, let

                      the petitioner named above, be released on bail on furnishing bail

                      bond of Rs. 10,000/- (ten thousand) with two sureties of the like

                      amount each to the satisfaction of learned District & Additional

                      Sessions Judge-3rd, Samastipur in connection with Sessions Trial

                      No. 49 of 2025 arising out of Khanpur P.S. Case No. 112 of 2024.

                                   7. The petitioner will appear in the court below on

                      each and every date fixed in the case till framing of charges.



                                           (Nawneet Kumar Pandey, J)
A.K.V.//-

U      T


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