Patna High Court
Saurav Kumar @ SauravversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
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
- Arms Act — s. 27
- Code of Criminal Procedure, 1973 — s. 82
- Indian Penal Code — s. 302, 34
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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