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Patna High Court

Reshav KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that, in view of the petitioner’s clean antecedent and the absence of substantive evidence beyond a co‑accused’s confession, anticipatory bail was warranted.

Summary

The petitioner, Reshav Kumar, sought anticipatory bail fearing arrest in a case registered under Sections 109, 140, 111 and 61(2) of the Bharatiya Nyaya Sanhita. The prosecution alleged that on 16 September 2025 the accused attempted to kill the petitioner, but the petitioner was not named in the FIR; his name appeared only in a confessional statement of co‑accused Vikash Kumar, stemming from a monetary dispute. The petitioner asserted innocence, clean antecedent and lack of any material evidence beyond the confessional statement. The State opposed the bail application. Considering the nature of the accusation, the absence of substantive evidence and the petitioner’s clean record, the court granted anticipatory bail subject to a bail‑bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Issues considered

  • Whether anticipatory bail should be granted when the only incriminating material is a co‑accused’s confessional statement.
  • Whether the petitioner’s clean antecedent and lack of direct evidence justify the grant of bail.

Legislation cited

Subjects

  • anticipatory bail
  • confessional statement
  • clean antecedent
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • Bharatiya Nagarik Suraksha Sanhita
  • Section 482(2)
  • Section 438

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84227 of 2025
                     Arising Out of PS. Case No.-646 Year-2025 Thana- KADAMKUAN District- Patna
                 ======================================================
                 Reshav Kumar Son of Munna Prasad Resident of Mohalla- Pirmohani, Gali
                 No.4, P.S.- Kadamkuan, District- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Ms. Muskan Singh, Advocate
                 For the Opposite Party/s :      Mr. Shailendra Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

5   17-03-2026                   Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in a case registered for

                   the offences punishable under Sections 109, 140, 111, 61(2) of

                   the Bharatiya Nyaya Sanhita.

                                3. Prosecution case, in brief, is that on 16.09.2025, all

                   the F.I.R. named accused persons dragged him towards

                   Collegiate School with an intention to kill him but informant

                   was saved by the local public and co-accused Saurav Kumar

                   was apprehended on the spot, while others managed to flee.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence. Petitioner

                   is not named in the F.I.R. and his name transpired only on the

                   basis of confessional statement of co-accused Vikash Kumar

                   with whom petitioner had monetary dispute. Save and except
              Patna High Court CR. MISC. No.84227 of 2025(5) dt.17-03-2026
                                                          2/2




                        confessional statement, there is no other material available on

                        record to show complicity of this petitioner in the alleged

                        offence. Petitioner claims clean antecedent.

                                     5. Learned A.P.P. for the State vehemently opposed

                        the bail application.

                                     6. Considering the nature of accusation, materials

                        available on record and clean antecedent, this anticipatory bail is

                        allowed and it is ordered that let the above named petitioner in

                        the event of his arrest/surrender before the court below within a

                        period of eight weeks from today, be enlarged on bail on

                        furnishing bail-bond of Rs. 10,000/- (ten thousand) with two

                        sureties of the like amount each to the satisfaction of Chief

                        Judicial Magistrate, Patna in connection with Kadamkuan P. S.

                        Case No. 646 of 2025, subject to condition as laid down under

                        Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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