Patna High Court
Rajeet Kumar @ Ranjeet YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- KHATIM REZA
Holding
Anticipatory bail was denied as the court was not inclined to grant relief given the specific allegations and supporting evidence against the petitioner.
Summary
The petitioner, Rajeet Kumar (Ranjeet Yadav), sought anticipatory bail in a case registered under Section 304 of the Bhartiya Nyaya Sanhita, 2023, alleging that he was falsely implicated in the snatching of a motorcycle. The prosecution alleged that the petitioner directed co‑accused Rahul Kumar and Bikash Kumar to seize the motorcycle from the informant. The petitioner argued that the motorcycle was recovered from a third party’s yard based on a co‑accused’s confession and that no incriminating material was found on him, emphasizing his clean record. The State presented diary entries showing a confession by Rahul Kumar implicating the petitioner and an independent witness corroborating the prosecution’s version. Considering the specific allegation against the petitioner and the supporting evidence, the court declined to grant anticipatory bail, rejecting the petition.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC in view of the allegations under Section 304 of the Bhartiya Nyaya Sanhita, 2023.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 304
Subjects
- anticipatory bail
- Section 304
- Bhartiya Nyaya Sanhita
- false implication
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14490 of 2026
Arising Out of PS. Case No.-1024 Year-2024 Thana- MADHEPURA District- Madhepura
======================================================
Rajeet Kumar @ Ranjeet Yadav, Son of Late Jadish Yadav, Resident of
Village- Chandni Chowk, Ward No. 02, P.S.- Madhpura, District- Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Pooja Prasad, Advocate
For the Opposite Party/s : Mr. Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
3 06-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection with
Madhepura P.S. Case No. 1024 of 2024 dated 03.09.2024
instituted for the offence punishable under Sections 304 of
Bhartiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that on the alleged
date of occurrence, when the informant was travelling on his
motorcycle bearing Reg. No. BR43Z-2630, two co-accused
persons, namely, Rahul Kumar & Bikash Kumar surrounded the
informant and snatched his motorcycle at the behest of the
petitioner, Ranjeet Yadav stating that due amount of motorcycle
i.e. Rs. 10,000/- has not been given by the informant.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.14490 of 2026(3) dt.06-05-2026
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petitioner is innocent and he has been falsely implicated in this
case. It is further submitted that nothing has been recovered either
from conscious possession of the petitioner or from his house. The
specific allegation of snatching the motorcycle is against co-
accused Rahul Kumar & Vikash Kumar. The said motorcycle was
recovered from the yard of co-accused Shashi Yadav on the basis
of confessional statement of co-accused Nitish Kumar @ Bikash
Kumar. The petitioner is the recovery agent. Lastly, it has been
submitted that petitioner has no criminal antecedents.
5. On the other hand, learned A.P.P. for the State has
vehemently opposed the prayer for anticipatory bail of the
petitioner.
6. From the Case Diary, it appears that in paragraph
no. 28 of the Case Diary, co-accused Rahul Kumar has
confessed the involvement of the petitioner and stated that the
said motorcycle was kept in the yard of Shashi Yadav. In
paragraph no. 42 of the Case Diary, Independent witness, Prince
Kumar has said that the petitioner and co-accused Rahul Kumar
& Nitish Kumar came with the said motorcycle of the informant
and kept the same in the yard of Shashi Yadav. This witness has
fully supported the case of the prosecution.
7. Since there is specific allegation against the
petitioner in this crime, I am not inclined to grant anticipatory
Patna High Court CR. MISC. No.14490 of 2026(3) dt.06-05-2026
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bail to the petitioner.
8. Accordingly, the prayer for anticipatory bail on
behalf of the petitioner stands rejected.
(Khatim Reza, J)
premchand/-
U
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