Patna High Court
Santosh Rai @ Santosh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 3(5), 482(2), 96
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
Checking your session…