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Patna High Court

Santosh Rai @ Santosh KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that anticipatory bail may be granted under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 when the accused have a clean antecedent, lack specific evidence linking them to the alleged offence, and are willing to cooperate with the investigation.

Summary

The petitioners, Santosh Rai, Chandeshwar Rai, Sonam Devi and Mitti Kumari, were implicated in a kidnapping case (Raghopur P.S. Case No.227 of 2025) under Sections 96 and 3(5) of the Bharatiya Nagarik Suraksha Sanhita, 2023. They applied for anticipatory bail, claiming innocence and that the allegations were based solely on suspicion with no specific evidence linking them to the crime. The State opposed the bail. The court examined the nature of the allegations, the petitioners' clean antecedent, and their willingness to cooperate with the investigation. Finding insufficient material to justify arrest and considering the petitioners' clean record, the court granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the Act. The order directs that the bail be effected if the petitioners are arrested or surrender within six weeks.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in a kidnapping case based largely on suspicion.
  • Whether the absence of specific incriminating material and the petitioners' clean antecedent justify the grant of bail.
  • Whether the conditions imposed under Section 482(2) are appropriate in the circumstances.

Legislation cited

Subjects

  • anticipatory bail
  • kidnapping
  • suspicion
  • clean antecedent
  • Section 482
  • bail conditions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13409 of 2026
                     Arising Out of PS. Case No.-227 Year-2025 Thana- RAGHOPUR District- Vaishali
                 ======================================================
           1.     Santosh Rai @ Santosh Kumar Son of Late Ram Babu Rai Resident of
                  village - Mohanpur, P.S.- Raghopur, Distt.- Vaishali.
           2.    Chandeshwar Rai Son of Late Jangbahadur Rai Resident of village -
                 Mohanpur, P.S.- Raghopur, Distt.- Vaishali.
           3.    Sonam Devi @ Sonam Kumari Wife of Sri Munna Rai D/o- Sri Sachidanand
                 Rai, Resident of village - Mohanpur, P.S.- Raghopur, Distt.- Vaishali.
           4.    Mitti Kumari @ Sita Kumari Daughter of Sri Chandeshwar Rai Resident of
                 village - Mohanpur, P.S.- Raghopur, Distt.- Vaishali.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Vijay Kumar Sinha, Advocate.
                 For the Opposite Party/s :       Mr. Md. Matloob Rab, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

4   06-05-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in connection

                   with Raghopur P.S. Case No.227 of 2025 instituted under

                   Sections 96, 3(5) of the B.N.S., 2023.

                                3. As per the prosecution case, all the accused persons

                   including the petitioners had kidnapped a minor girl on her way

                   to the coaching institute. It is alleged that co-accused Chandani

                   Devi informed the informant about kidnapping of the girl.

                                4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.13409 of 2026(4) dt.06-05-2026
                                            2/3




          petitioners are innocent and have been falsely implicated in this

          case only on the basis of suspicion. He further submits that there

          is no specific allegation against any of the petitioner and due to

          some misunderstanding, the present case has been lodged

          against the petitioners but after realizing the correct fact, a

          compromise petition has been filed before the learned Court

          concerned. Learned counsel submits that except the suspicion,

          there is no material against the petitioners to connect them with

          the present occurrence. He further submits that petitioners have

          got clean antecedent and they undertake to cooperate in the

          investigation and trial of the case.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail.

                       6. Considering the facts and circumstances of the

          case, submissions of learned counsel for the parties and the

          nature of allegation leveled against the petitioners as well as

          their clean antecedent, in the event of arrest or surrender before

          the Court below within six weeks from today, the petitioners be

          released on bail upon furnishing bail bonds of Rs.10,000/-

          (Rupees Ten Thousand) each with two sureties of the like

          amount to each to the satisfaction of the learned A.C.J.M.-XV,

          Vaishali at Hajipur/ concerned Court in connection with
              Patna High Court CR. MISC. No.13409 of 2026(4) dt.06-05-2026
                                                          3/3




                        Raghopur P.S. Case No.227 of 2025, subject to the conditions

                        laid down in Section 482(2) of the Bharatiya Nagarik Suraksha

                        Sanhita, 2023.



                                                (Sunil Dutta Mishra, J)
Ritik/-

U         T


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