Patna High Court

Shyam Sundar RajwanshiversusThe State of Bihar

Decided: 9 April 2026
Disposal: BAIL GRANTED
Bench: SATYAVRAT VERMA

Holding

The Court granted anticipatory bail to the petitioner, subject to the conditions prescribed under Section 438(2) CrPC and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

The petitioner, Shyam Sundar Rajwanshi, sought anticipatory bail fearing arrest in a case registered under Sections 341, 323, 324, 307, 120(B) and 34 of the IPC. He asserted that he has a clean antecedent, was merely present at the scene as a witness, and was falsely implicated. The State opposed the bail, arguing the seriousness of the offences. The Court examined the facts, the petitioner’s claim of innocence, and the risk of arrest, and decided to grant anticipatory bail. The bail was conditioned on a bond of Rs.10,000 with two sureties and subject to the conditions of Section 438(2) CrPC and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the circumstances of the case
Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses
Applicability of Section 438(2) of the CrPC and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in granting anticipatory bail

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Code of Criminal Procedure — s. 438(2)

Subjects

anticipatory bail
Section 438 CrPC
Bharatiya Nagarik Suraksha Sanhita
false implication
IPC offences
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17073 of 2026
                     Arising Out of PS. Case No.-302 Year-2025 Thana- GOVINDPUR District- Nawada
                 ======================================================
                 Shyam Sundar Rajwanshi S/o Late Baldev Rajwanshi R/o Village -
                 Bishunpur, P.S - Govindpur, District - Nawada

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Pramod Kumar Verma
                 For the Opposite Party/s :      Mr.Syed Mojibur Rahman
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   09-04-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State .

                                2. Petitioner apprehends his arrest in a case registered

                   for the offence punishable under Sections 341, 323, 324, 307,

                   120(B), 34 of the Indian Penal Code.

                                3. Learned counsel for the petitioner submits that the

                   petitioner is a person with clean antecedent and the order

                   impugned wrongly records that the petitioner has antecedent of

                   one case, it is next submitted that the informant alleges that

                   accused person including the petitioner created ruckus and even

                   pelted stone on the police, as the mob was engaged as a dead

                   body was found lying in a road and the mob even blocked the

                   road. Learned counsel further submits that the petitioner has

                   been falsely implicated in the instant case with general and
            Patna High Court CR. MISC. No.17073 of 2026(2) dt.09-04-2026
                                                        2/2




                      omnibus allegation, it is next submits that petitioner is a resident

                      of a nearby place where the occurrence took place, as such out

                      of inquisitiveness went to the place of occurrence to witness the

                      occurrence and came to be implicated.

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

                      anticipatory bail of the petitioner.

                                   5. Considering the aforesaid facts and circumstances

                      of the case, I am inclined to grant privilege of anticipatory bail

                      to the petitioner.

                                   6. Let the petitioner, as named above, in the event of

                      his arrest or surrender within four weeks from today, be

                      enlarged on bail on furnishing bail bond of Rs.10,000/-(Rupees

                      Ten Thousand) with two sureties of the like amount each to the

                      satisfaction of the learned SDJM, Nawada, in connection with

                      Govindpur P.S. Case No. 302 of 2025, subject to the conditions

                      laid down under section 438(2) of the Code of Criminal

                      Procedure/Section 482(2) of the Bharatiya Nagarik Suraksha

                      Sanhita, 2023.



                                                                           (Satyavrat Verma, J)
sanjeev/-

U       T

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