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Patna High Court

Saurav Kumar @ SauravversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The Court refused to grant anticipatory bail to the petitioners.

Summary

Petitioners Saurav Kumar and Shivam Kumar sought anticipatory bail fearing arrest in a case (PS No.116 of 2023) involving alleged murder under Sections 302 and 34 of the IPC and Section 27 of the Arms Act. They asserted a clean antecedent and argued that the informant’s allegation that they shot his grandson was unsubstantiated. The petitioners distinguished their case from a prior anticipatory bail order granted to Anand Kumar Singh, noting that their names appeared in a confessional statement while Anand’s did not, and that a Section 82 CrPC process had been issued. The State opposed the bail, contending the seriousness of the offences. After hearing both sides, the Court declined to extend anticipatory bail, finding the distinctions insufficient to merit relief. Consequently, the petition for anticipatory bail was rejected.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners in a case involving alleged murder and illegal possession of arms.
  • Whether the presence of the petitioners' names in a confessional statement and the issuance of a Section 82 CrPC process preclude anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • murder
  • IPC 302
  • IPC 34
  • Arms Act
  • Section 82 CrPC
  • confessional statement
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.83768 of 2025
                    Arising Out of PS. Case No.-116 Year-2023 Thana- SHASTRINAGAR District- Patna
                 ======================================================
           1.     Saurav Kumar @ Saurav Son of Alok Kumar Singh R/o Village -
                  Manjhopur, P.O. - Purauna, P.S. - Taraiya, District - Saran.
           2.    Shivam Kumar @ Maxwel Son of Alok Kumar Singh R/o Village -
                 Manjhopur, P.O. - Purauna, P.S. - Taraiya, District - Saran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Krishna Prasad Singh, Sr. Adv.
                                                 Mr. Bimlesh Kumar Jha, Adv.
                 For the Opposite Party/s :      Mr. Kumar Veerendra Narayan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   17-02-2026                   1. Heard learned Senior counsel for the petitioners Mr.

                   Krishna Prasad Singh and learned A.P.P. for the State.

                                 2. The petitioners apprehend their arrest in connection

                   with Shastri Nagar PS Case No. 116 of 2023, registered for the

                   offences punishable under Sections 302 and 34 of the Indian

                   Penal Code and Section 27 of the Arms Act.

                                 3. Learned Senior counsel for the petitioners submits

                   that petitioners are persons with clean antecedent and the

                   informant alleges that accused persons along with some

                   unknown accused shot his grandson near a Chowmein shop

                   leading to his death.

                                 4. Learned Senior counsel for the petitioners submits
             Patna High Court CR. MISC. No.83768 of 2025(2) dt.17-02-2026
                                                         2/2




                       that Anand Kumar Singh @ Anand had approached this Court

                       seeking anticipatory bail by filing Cr. Misc No. 22117 of 2023

                       and the same came to be allowed by an order dated 11-7-2023

                       but then fairly submits that the case of the petitioners is not

                       similar to the case of Anand as name of the petitioners

                       transpired in the confessional statement of apprehended accused

                       in police custody but then name of Anand was not disclosed in

                       the confessional statement of apprehended accused. It is also

                       fairly submitted that process under Section 82 Cr.P.C. has been

                       issued.

                                    5. Learned A.P.P. for the State opposes the prayer for

                       anticipatory bail of the petitioners.

                                    6. After hearing the learned counsel for the parties, the

                       Court is not inclined to extend the privilege of anticipatory bail

                       to the petitioners.

                                    7. The anticipatory bail application of the petitioners

                       is rejected.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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