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Patna High Court

Dharmendra Kumar @ Suresh KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that, in the absence of material evidence directly linking the petitioner to the offences, anticipatory bail must be granted.

Summary

Vijay Kumar, a school director, was named in a murder and arms case (PS Case No. 140 of 2025) and applied for anticipatory bail. The prosecution alleged that he fled the scene with co‑accused who had confessed to killing the informant's husband, but there was no eye‑witness directly linking Kumar to the crime. Kumar's counsel argued that the allegations were based on suspicion, that the co‑accused had a personal vendetta, and that Kumar had no prior criminal record. The State opposed bail, claiming Kumar had conspired and handed over firearms to the killers. The High Court, noting the lack of substantive evidence beyond the co‑accused's confessions, granted anticipatory bail subject to a bond, sureties, and conditions of appearance and cooperation, stating that the order would not affect the trial.

Issues considered

  • Whether anticipatory bail under Section 438 of the CrPC can be granted when the prosecution's case rests mainly on co‑accused confessions and lacks direct evidence against the petitioner.
  • Whether the petitioner can be deemed to have participated in the murder and arms offences based on the allegations.
  • Whether the conditions imposed are sufficient to ensure the petitioner's cooperation with the investigation.

Legislation cited

Subjects

  • anticipatory bail
  • murder
  • arms offences
  • criminal procedure
  • evidentiary insufficiency
  • co‑accused confession
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.65312 of 2025
                    Arising Out of PS. Case No.-140 Year-2025 Thana- NAGARNAUSA District- Nalanda
                 ======================================================
                 Vijay Kumar @ Fantus Son of Kaushlendra Prasad @ Kusendra Prasad
                 Resident of Village - Nagarnausa, P.S.- Nagar Nausa, District - Nalanda.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ramakant Sharma, Sr. Adv.
                                                  Mr.Atul Kumar Mehta, Adv.
                                                  Ms. Sushmita Singh, Adv.
                 For the Opposite Party/s :       Mr. Munna Raj, Adv.
                                                  Ms. Minakshi Kumari, Adv.
                                                  Mr. Munish Kumar, Adv.
                                                  Mr. Shitanshu Shekhar, Adv.
                 For the State            :       Mr. Parmanand Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

5   17-01-2026                     Heard Mr. Ramakant Sharma, learned Senior counsel

                   for the petitioner assisted by Mr. Atul Kumar Mehta learned

                   counsel for the petitioner and learned counsel for the O.P. No. 2 as

                   well as learned A.P.P for the State.

                                  2. The petitioner apprehends his arrest in connection

                   with Nagar Nausa P.S. Case No. 140 of 2025 dated 14.06.2025

                   registered for the offences punishable under Sections 103(1) and

                   61(2) of the B.N.S. and Sections 25(1-B)(a), 26, 27 and 35 of the

                   Arms Act.

                                  3. As per the prosecution case, the deceased, Kundan

                   Kumar is said to have received a phone call from the co-accused,

                   Shashi Bhushan asking him to come to his office. The informant
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          further alleged that she received information that her husband had

          been shot. She has alleged that when she rushed to the place of

          occurrence along with her family members, she saw the named

          accused persons including the petitioner, all armed with firearms

          fleeing from the place of occurrence. It is further alleged that the

          co-accused, Neeraj Kumar while fleeing was shouting that he had

          killed the deceased and threatened of dire consequences.

                       4. The learned Senior counsel for the petitioner submits

          that petitioner has falsely been implicated in this case. It has

          further been submitted that so far as the present petitioner namely,

          Vijay Kumar @ Fantus is concerned, it has been alleged that he

          was seen by the informant as one of the persons fleeing from the

          spot. However, the informant herself has claimed that the co-

          accused, Neeraj Kumar was shouting while fleeing that he had

          killed the deceased. It has further been submitted that admittedly,

          the said Neeraj Kumar and Nikesh Kumar had previous enmity

          with the deceased related to an old murder case and they had

          threatened him two days ago prior to the present incident. Learned

          Senior counsel has further pointed out that the deceased, Roushan

          Kumar had in fact killed the brother of the co-accused, Nikesh

          Kumar for which Nagar Nausa P.S. Case No. 145 of 2017 was

          registered for the offences under Sections 302 and 34 of the Indian

          Penal Code. It is thus contended that the present incident is a
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          retaliatory act committed by the said Neeraj Kumar along with

          Nikesh Kumar. It has further been submitted that the petitioner is

          the Director of Sant Mary School, Nagar Nausa and has been

          maliciously implicated in the present case due to rivalry having no

          connection whatsoever with the aforesaid incident and it is an

          admitted case that no body had seen the occurrence. It has further

          been submitted that the petitioner had initially stated that he has no

          criminal antecedent, however, he subsequently came to know that

          in connection with the present occurrence, one another case being

          Nagar Nausa P.S. Case No. 201 of 2025 under the Arms Act was

          registered against him, of which he was not aware at the relevant

          time. It has further been submitted that while the charge-sheet has

          been submitted against the other co-accused persons, the

          investigation was kept pending as far as the present petitioner was

          concerned along with two other co-accused persons. It has thus

          been submitted that the allegations against the petitioner are based

          on suspicion, there is no eye witness to the occurrence and the

          petitioner had no criminal antecedent prior to the present

          occurrence.

                       5. The learned A.P.P. for the State and learned counsel

          for the O.P. No. 2 have vehemently opposed the prayer for

          anticipatory bail of the petitioner and stated that the petitioner is a

          named accused against whom serious allegations have been
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          levelled of having connived with the other co-accused                in

          committing murder of the husband of the informant. It has further

          been submitted that the petitioner along with two others            had

          handed over the firearms to the co-accused, Neeraj Kumar and

          Nikesh Kumar, who have confessed their guilt in killing the

          husband of the informant.

                        6. Considering the aforesaid submissions and taking

          into account the fact that barring the confessional statements of the

          co-accused, there is nothing on record to connect the petitioner

          with the aforesaid incident, the petitioner, above named, is directed

          to be released on anticipatory bail, in the event of arrest or

          surrender before the Court below within a period of four weeks

          from today, on furnishing bail-bond of Rs. 10,000/-(Rupees Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of the learned Court concerned, Hilsa (Nalanda) in

          connection with Nagarnausa P.S. Case No. 140 of 2025, subject to

          the conditions as laid down under Section 438(2) of the Code of

          Criminal Procedure read with corresponding Section 482(2) of

          BNSS as well as subject to the following conditions:-

                        (i) One of the bailors will be a close relative of the

          petitioner.

                        (ii) The petitioner shall remain physically present before

          the concerned Court on each and every date of the trial and shall
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                     cooperate in the investigation.

                                  (iii) In case of absence on two consecutive dates or in

                     violation of the terms of the bail, the bail bond of the petitioner

                     will be liable to be cancelled by the Court concerned.

                                  (iv) The trial court shall verify the criminal antecedent

                     of the petitioner and in case, at any stage, it is found that the

                     petitioner has concealed his criminal antecedents, the trial court

                     shall take necessary steps for cancellation of bail bond of the

                     petitioner. However, the acceptance of bail bond in terms of the

                     above mentioned order shall not be delayed for purpose of or in

                     the name of verification.

                                  7. It is made clear that the observations, if any, made in

                     this order, shall be of no bearing during the trial.

                                  8. The application stands allowed.



                                              (Sourendra Pandey, J)
Gautam/-

U     T


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