Patna High Court
Bajrangi KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109, 123, 127(2), 26(2), 303(2), 3(5), 482(2)
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
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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
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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/-
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