Created by Fuzzy Cloud

Patna High Court

Bajrangi KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court held that anticipatory bail must be granted to the petitioners, subject to conditions, as there is insufficient material evidence and they possess a clean antecedent.

Summary

Bajrangi Kumar and Damru Kumar, both 20‑year‑old residents of Dharampur, sought anticipatory bail fearing arrest in PS Naubatpur Case No.455 of 2025, which alleged their involvement in an e‑rickshaw hijacking and theft under several sections of the Bharatiya Nagarik Suraksha Sanhita, 2023. The prosecution’s case was based on a co‑accused’s confessional statement naming the petitioners, although they were not originally named in the FIR and no direct material linked them to the crime. The petitioners argued they have clean antecedents, are young, and have cooperated with the investigation, contending the allegations are false. The State opposed the bail. Considering the lack of substantive evidence, the petitioners’ clean record, and their age, the Court granted anticipatory bail subject to a cash bond and sureties, invoking Section 482(2) of the B.N.S., 2023. The order directs the petitioners to surrender within six weeks if arrested.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
  • Whether the confessional statement of a co‑accused is sufficient to justify arrest of the petitioners.
  • Whether the petitioners’ clean antecedent and young age warrant bail despite the serious nature of the allegations.

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • false implication
  • confessional statement
  • clean antecedent
  • Section 482
  • Bharatiya Nagarik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18185 of 2026
                      Arising Out of PS. Case No.-455 Year-2025 Thana- NAUBATPUR District- Patna
                 ======================================================
           1.     Bajrangi Kumar Son of Lakhan Chouhan @ Lalak Chauhan R/o Dharampur,
                  Muhammadpur, Korji, P.S. - Digha, District - Patna.
           2.    Damru Kumar Son of Laluk Chouhan R/o Dharampur, Muhammadpur,
                 Korji, P.S. - Digha, District - Patna.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Prakash Chandra Jha, Advocate.
                 For the Opposite Party/s :       Mr. Nitya Nand Tiwary, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   25-03-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in connection

                   with Naubatpur P.S. Case No.455 of 2025 instituted under

                   Sections 26(2), 127(2), 109, 123, 303(2), 3(5) of the B.N.S.,

                   2023.

                                3. As per the prosecution case, the informant use to

                   run an E-rickshaw on hiring basis and when the proceeded at

                   Danapur stand two unknown persons came and asked for going

                   to Khagaul. When they boarded and proceeded for Khagaul, in

                   the meantime two persons standing at the side of road stopped

                   his rickshaw and boarded in the said rickshaw. It is alleged that
Patna High Court CR. MISC. No.18185 of 2026(2) dt.25-03-2026
                                            2/3




          after a fraction of minute they asked him to slow down and they

          put some peculiar smelling on his nose due to which he became

          senseless. When the came in sense, he found himself near the

          Badipur Pansar forest but his E-rickshaw was missing.

                       4. Learned counsel for the petitioners submits that

          petitioners are innocent and have falsely been implicated in this

          case. He further submits that petitioners are not named accused

          in the F.I.R. but their names has been transpired in this case

          during the investigation in which the co-accused Pintu Kumar in

          his confessional statement has named the petitioners with

          ulterior motive. Learned counsel submits that there is no

          material against the petitioners and the recovery of E-rickshaw

          is made from the co-accused Pintu Kumar. He further submits

          that petitioners are young boy of 20 years, having 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, nature of

          allegation against the petitioners and their clean antecedent as

          well as the fact that they are young boy of 20 years, in the event
              Patna High Court CR. MISC. No.18185 of 2026(2) dt.25-03-2026
                                                          3/3




                        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) each with two

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

                        learned A.C.J.M.-VI, Danapur/ concerned Court in connection

                        with Naubatpur P.S. Case No.455 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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.