Patna High Court
Niranjan KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was not granted; the application was dismissed.
Summary
The petitioner, Niranjan Kumar, sought anticipatory bail fearing arrest in a case (Bahera P.S. Case No.104 of 2024) involving alleged offences under Sections 310(4) and 310(5) of the BNS and Sections 25(1‑b)a and 35 of the Arms Act. The prosecution alleged that unknown criminals were planning a dacoity and that a pistol and other articles were recovered. The petitioner’s name appeared in the confessional statement of co‑accused Saurav Kumar as a member of the gang. The Patna High Court, after hearing, declined to grant anticipatory bail, dismissing the application. The court directed the petitioner to surrender within four weeks and apply for regular bail, warning that the police would proceed with his arrest if he failed to comply.
Issues considered
- Whether anticipatory bail can be granted to the petitioner despite his alleged involvement as indicated in a co‑accused’s confessional statement
- Whether the presence of the petitioner’s name in the confessional statement suffices to deny anticipatory bail
Legislation cited
Subjects
- anticipatory bail
- dacoity
- Arms Act
- confessional statement
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88570 of 2025
Arising Out of PS. Case No.-104 Year-2024 Thana- Bahera District- Gaya
======================================================
Niranjan Kumar Son of Ramchhapit Paswan @ Ratchapit Paswan Resident of
Village - Sundar Kumahari, P.S.- Barachatti, Distt.- Gaya
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vijay Kumar
For the Opposite Party/s : Mr.Nityanand
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 15-01-2026 Heard the parties.
2. The petitioner apprehends his arrest in connection
with Bahera P.S. Case No. 104 of 2024 registered for the
offence under Sections 310(4), 310(5) of the BNS and under
Section 25(1-b)a, 35 of the Arms Act.
3. As per the prosecution case, unknown criminals
were planning a dacoity and there has been a recovery of
country made pistol and other articles from them.
4. The name of the petitioner has come in the
confessional statement of the co-accused Saurav Kumar as one
of the member of the gang.
5. In view of the above, this Court is not inclined to
grant anticipatory bail to the petitioner.
6. Accordingly, this application is dismissed.
Patna High Court CR. MISC. No.88570 of 2025(2) dt.15-01-2026
2/2
7. The petitioner is directed to surrender within four
weeks from today and pray for regular bail failing which the
Senior Superintendent of Police, Gaya Jee will take all steps for
arrest of the accused person/s including the petitioner.
8. Let a copy of this order be communicated to the
Senior Superintendent of Police, Gaya Jee through FAX for its
compliance.
(Sandeep Kumar, J)
Vikas/-
U
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