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Patna High Court

Jogendra Pandit @ Yogendra PanditversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied.

Summary

Jogendra Pandit sought anticipatory bail after learning that a raid on co-accused Ramnath Yadav's house recovered illegal arms and Yadav's confessional statement implicated Pandit as an associate. The petitioner argued he was not named in the FIR, no incriminating article was found in his possession, and he was innocent. The State opposed bail, emphasizing that the only link to Pandit was the co-accused's confession and that Pandit has two prior criminal convictions. The court examined the nature of the allegations under the Arms Act and the petitioner’s antecedents. Considering the reliance on a co-accused’s statement and the petitioner’s criminal record, the court rejected the anticipatory bail application.

Issues considered

  • Whether anticipatory bail can be granted when the sole evidence against the petitioner is a co-accused's confessional statement.
  • Whether the petitioner’s prior criminal antecedents justify denial of anticipatory bail under the Arms Act.

Legislation cited

Subjects

  • anticipatory bail
  • Arms Act
  • confessional statement
  • criminal antecedents
  • illegal arms
  • co-accused

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85108 of 2025
                      Arising Out of PS. Case No.-164 Year-2025 Thana- KHIRI MORE District- Patna
                 ======================================================
                 Jogendra Pandit @ Yogendra Pandit Son of Late Agnu Pandit Resident of
                 Village- Kodihra, P.S.- Khirimore, District- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :        Mr. Ajay Mukherjee, Advocate
                 For the State           :        Mr. Narendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

4   17-03-2026                  Heard learned counsel appearing on behalf of the

                   petitioner and learned APP appearing on behalf of the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Sections 25(1-B)a,

                   26 and 35 of the Arms Act.

                                3. As per prosecution case, acting on a tip off, a raid

                   was conducted and illegal arms and ammunition were recovered

                   from the house of co-accused Ramnath Yadav who disclosed the

                   name of this petitioner as his associate.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that petitioner is quite innocent and has

                   committed no offence. Petitioner is not named in the F.I.R..

                   Name of petitioner transpired in this case merely on the basis of

                   confessional statement of co-accused Ramnath Yadav from
             Patna High Court CR. MISC. No.85108 of 2025(4) dt.17-03-2026
                                                         2/2




                       whose possession, illegal arms and ammunition were recovered.

                       No incriminating article has been recovered from possession of

                       this petitioner.

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

                       opposed the prayer for grant of anticipatory bail to the petitioner

                       and submitted that name of petitioner transpired on the basis of

                       confessional statement of co-accused Ramnath Yadav from

                       whose possession, illegal arms and ammunition were recovered.

                       Petitioner has got two criminal antecedents.

                                    6. Considering the facts and circumstances of the

                       case, nature of accusation and criminal antecedents of the

                       petitioner, the prayer for grant of anticipatory bail to the

                       petitioner is rejected.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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