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Patna High Court

Anil KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Anticipatory bail was denied.

Summary

The Patna High Court considered an application for anticipatory bail filed by Anil Kumar in connection with a case registered under sections 310(2), 317(3), 61(2) of the Bihar Narcotic Substances Act, 2023. The prosecution alleged that three unknown persons looted an informant and that the petitioner’s name appeared in the confessional statement of co‑accused Sanjay Yadav, further noting that the petitioner has three prior criminal convictions. The petitioner argued that he feared arrest and sought anticipatory bail. The Court examined the relevance of the confessional statement and the petitioner’s antecedents and concluded that these factors outweighed the presumption of innocence. Consequently, the Court refused anticipatory bail, ordered the petitioner to surrender within four weeks and apply for regular bail, and directed the Superintendent of Police to effect arrest if he fails to comply.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner despite his inclusion in a co‑accused’s confessional statement and prior criminal antecedents

Legislation cited

Subjects

  • anticipatory bail
  • confessional statement
  • prior criminal record
  • bail denial
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89276 of 2025
                     Arising Out of PS. Case No.-33 Year-2025 Thana- VALMIKINAGAR District- West
                                                        Champaran
                 ======================================================
                 Anil Kumar Son of Mahanth Sahani Resident of Village - Kailash Nagar,
                 Ward No. 4, P.S. - Pathkhauli.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Prithvi Nath Mishra
                 For the Opposite Party/s :        Mr.Lalan Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   04-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                   2.         The petitioner apprehends his arrest in

                   connection with Valmikinagar P.S. Case No. 33 of 2025

                   registered for the offence under Sections 310(2), 317(3), 61(2)

                   of the BNS, 2023.

                                   3. As per the prosecution case, three unknown

                   criminals are said to have looted the informant.

                                   4. The name of the petitioner has come in this case

                   on the confessional statement of one co-accused namely Sanjay

                   Yadav. The petitioner has three criminal antecedents also.

                                   5. Considering the aforesaid facts, this Court is not

                   inclined to grant anticipatory bail to the petitioner.
          Patna High Court CR. MISC. No.89276 of 2025(2) dt.04-02-2026
                                                      2/2




                                     6.    Accordingly, this application for anticipatory

                    bail is dismissed.

                                    7. The petitioner is directed to surrender in the

                    Court below within four weeks from today and pray for regular

                    bail failing which the Superintendent of Police, West

                    Champaran will take all steps for arrest of the petitioner.

                                    8.     Let a copy of this order this order be

                    communicated to the Superintendent of Police, West Champaran

                    through FAX for its compliance.



                                                               (Sandeep Kumar, J)
Vikas/-

U


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