Patna High Court
Arpi Kumar @ Arpi MandalversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The application for anticipatory bail was dismissed.
Summary
Arpi Kumar filed an anticipatory bail application fearing arrest in a case registered under Section 309(6) of the Bharatiya Nyaya Sanhita, alleging that he was falsely implicated and that another accused had named him in a self‑inculpatory statement. The petitioner claimed a clean antecedent and innocence, while the State opposed the bail. The High Court examined the material and concluded that the circumstances did not warrant anticipatory bail. Consequently, the application was dismissed and the petitioner was ordered to surrender within two weeks and apply for regular bail. The order was directed to be communicated to the Superintendent of Police, Naugachhia for enforcement.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the provisions governing bail in the Bharatiya Nyaya Sanhita and the Criminal Procedure Code.
- Whether the allegations of false implication and a self‑inculpatory statement by another accused justify the grant of anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 309(6)
Subjects
- anticipatory bail
- Section 309(6)
- Bharatiya Nyaya Sanhita
- false implication
- high court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90957 of 2025
Arising Out of PS. Case No.-168 Year-2025 Thana- ISMAILPUR District- Bhagalpur
======================================================
Arpi Kumar @ Arpi Mandal S/o Gire Mandal @ Giro Mandal R/o Village-
Ismailpur, P.S- Ismailpur, Dist- Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sharda Nand Mishra, Advocate
For the Opposite Party/s : Mr.Parmanand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection
with Ismailpur P.S. Case No. 168 of 2025 instituted under
Section 309(6) of the Bharatiya Nyaya Sanhita.
3. As per the prosecution case, three unknown
criminals committed loot and their faces were captured in the
CCTV.
4. Learned counsel for the petitioner submits
petitioner is innocent and has falsely been implicated in this
case. Learned counsel further submits that one of the accused
have named the petitioner in his self-inculpatory statement of
the petitioner. Petitioner has clean antecedent.
5. Learned APP for the State has opposed the prayer
Patna High Court CR. MISC. No.90957 of 2025(2) dt.28-01-2026
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for anticipatory bail of the petitioner.
6. Considering the aforesaid facts, this is not a fit
case for grant of anticipatory bail.
7. Accordingly, the application stands dismissed.
8. The petitioner is directed to surrender within two
weeks from today and pray for regular bail, failing which the
Superintendent of Police, Naugachhia will take all steps for
arrest of the petitioner.
9. Let a copy of this order be communicated to the
Superintendent of Police, Naugachhia through FAX or e-mail
for its compliance.
(Sandeep Kumar, J)
tusharika/-
U T
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