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Patna High Court

Raja Kumar @ Raja RautversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court held that anticipatory bail may be granted to the petitioner, subject to strict conditions, under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

Petitioner Raja Kumar (Raja Raut) sought anticipatory bail fearing arrest in Sheohar P.S. Case No.260 of 2025, which alleges assault, robbery and other offences under several sections of the Bharatiya Nagarik Suraksha Sanhita, 2023. The prosecution alleges that four accused stole a mobile phone and bike keys from an informant, while the petitioner claims he is innocent, not named in the FIR, and was outside Bihar at the time. The petitioner, a daily‑wage labourer with two prior convictions, offered to cooperate with the investigation. The State opposed the bail, arguing the seriousness of the allegations. The Court, after considering the submissions and the nature of the accusations, granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and conditions under Section 482(2) of the B.N.S., 2023, including regular appearance before the trial court and abstention from further offences.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
  • Whether the petitioner is likely to abscond, tamper with evidence, or commit further offences if bail is denied.
  • Whether the allegations against the petitioner constitute a case where arrest is justified.

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • criminal procedure
  • false implication
  • assault
  • theft
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1598 of 2026
                      Arising Out of PS. Case No.-260 Year-2025 Thana- SHEOHAR District- Sheohar
                 ======================================================
                 Raja Kumar @ Raja Raut S/o Sanjay Mahto @ Sanjay Raut R/o vill -
                 Mahamadpur Katesari, P.s.- Shyampur Bhataha, Distt.- Sheohar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Vikash Khanna, Advocate.
                 For the Opposite Party/s :       Mr. Aditya Narayan Singh No.1, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

3   06-04-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Sheohar P.S. Case No.260 of 2025 instituted under

                   Sections 126(2), 127(2), 115(2), 117(2), 303(2), 304(2), 352,

                   351(2), 3(5) of the B.N.S., 2023.

                                3. As per the prosecution case, when the informant

                   was proceeding with his bike on his way, in the meantime, three

                   miscreants stopped him and started abusing and assaulting. It is

                   alleged that the accused persons has taken away his Samsung

                   Galaxy Mobile phone as well as the keys of his bike. It is further

                   alleged that the said occurrence was committed by Navin

                   Kumar Singh, Mani Bhushan Singh, Abhishek Kumar and

                   Kishor Kumar.
Patna High Court CR. MISC. No.1598 of 2026(3) dt.06-04-2026
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                       4. Learned counsel for the petitioner submits that

          petitioner is innocent and has been falsely implicated in this

          case. He further submits that petitioner is not named in the F.I.R.

          and his name has been surfaced during the investigation in a

          very mechanical manner. Learned counsel submits that

          petitioner is a daily wages labour and at the time of occurrence

          he was outside the State of Bihar. He further submits that the

          injury to the injured is simple in nature. Learned counsel

          submits that petitioner is a young boy of 22 years, he has two

          criminal antecedents, out of which one belongs to Excise Act.

          Petitioner undertakes 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 petitioner, in the event of

          arrest or surrender before the Court below within six weeks

          from today, the petitioner be released on bail upon furnishing

          bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two

          sureties of the like amount to each to the satisfaction of the

          learned Chief Judicial Magistrate, Sheohar, District Sheohar/
              Patna High Court CR. MISC. No.1598 of 2026(3) dt.06-04-2026
                                                          3/3




                        concerned Court in connection with Sheohar P.S. Case No.260

                        of 2025, subject to the conditions laid down in Section 482(2) of

                        the Bharatiya Nagarik Suraksha Sanhita, 2023 with further

                        following conditions:-

                                     (i) the petitioner shall appear on each and every date

                        before the Trial Court and failure to do so for two consecutive

                        dates without plausible reason will entail cancellation of his bail

                        bond by the Trial Court itself;

                                   (ii) the petitioner shall desist from committing any

                        criminal offence again, failing which the State shall be at liberty

                        to take steps for cancellation of his bail bond.



                                                (Sunil Dutta Mishra, J)
Ritik/-

U         T


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