Patna High Court
Raja Kumar @ Raja RautversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 115(2), 117(2), 126(2), 127(2), 303(2), 304(2), 3(5), 351(2), 352, 482(2)
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
2/3
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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