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Patna High Court

Rahul Kumar Ray @ Rahul RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that anticipatory bail may be granted subject to conditions under Section 482(2) of the Bharatiya Nyaya Sanhita.

Summary

The petitioner, Rahul Kumar Ray, sought anticipatory bail after being implicated in a case under Sections 303(2), 62 and 3(5) of the Bharatiya Nyaya Sanhita and Sections 25(1‑Ba), 26 and 35 of the Arms Act, based on an informant’s claim that he aided in a theft of a buffalo. The petitioner argued that he has a clean record, was not arrested at the scene, and that the only evidence against him is a confessional statement by a co‑accused, which he contended lacks evidentiary value. The State opposed the bail, asserting the seriousness of the offences. The court examined the submissions and, considering the lack of direct arrest and the petitioner’s assurance to cooperate, granted anticipatory bail with a bond of Rs.10,000 and two sureties, subject to Section 482(2) of the BNSS and the condition that the trial court may cancel the bail if the petitioner fails to cooperate. The order also stipulated that the bail could be revoked if the investigating officer reports non‑cooperation. The petition was thus disposed by granting anticipatory bail.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the BNSS given the allegations.
  • Whether the confessional statement of the co‑accused is admissible as evidence for granting bail.
  • Whether the petitioner is likely to abscond or obstruct the investigation.

Legislation cited

Subjects

  • anticipatory bail
  • false implication
  • confessional statement
  • arms act
  • Bharatiya Nyaya Sanhita
  • criminal procedure
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18884 of 2026
                    Arising Out of PS. Case No.-124 Year-2025 Thana- MANIGACHI District- Darbhanga
                 ======================================================
                 Rahul Kumar Ray @ Rahul Ray S/o Ram Ray @ Chikoo Ray R/o ward no. 5,
                 vill - Chanaur, P.S.- Manigachchi, Distt.- Darbhanga

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Baleshwar Kamat
                 For the Opposite Party/s :       Mr.Shahabuddin Azeem @ S. Azeem
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   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 a case

                   registered for the offences punishable under Sections 303(2), 62

                   and 3(5) of the Bharatiya Nyaya Sanhita and Section 25(1-B)a,

                   26 and 35 of the Arms Act.

                             3.    Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and the informant

                   alleges that on 18-8-2025 at midnight, three accused persons

                   were trying to commit theft of his buffalo, but on alarm raised

                   by him, accused started fleeing but Abhishek was apprehended,

                   who disclosed the name of the petitioner and Pramod as his

                   accomplice, accordingly police was called and Abhishek was

                   handed over to the police from whose possession a cartridge
Patna High Court CR. MISC. No.18884 of 2026(2) dt.06-04-2026
                                            2/3




          was recovered.

                   4.     Learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant. It is next submitted that from perusal of the

          allegations as alleged in the FIR, it would manifest that

          petitioner was not arrested from the spot and his name

          transpired in the confessional statement of Abhishek in police

          custody, which does not have any evidentiary value. It is also

          submitted that allegation of recovery of cartridge is from

          Abhishek. It is next submitted that it absolutely does not stand

          to reason that as to why Abhishek would have been carrying a

          cartridge, when no gun was recovered, it is thus submitted that it

          appears that in order to give seriousness to the case, the said

          allegation is alleged. It is also submitted that if privilege of

          anticipatory bail is granted to the petitioner, the petitioner will

          not abscond rather will co-operate in the investigation to prove

          his innocence.

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

          anticipatory bail of the petitioner.

                   6.     Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the

          event of his arrest or surrender within a period of six weeks
              Patna High Court CR. MISC. No.18884 of 2026(2) dt.06-04-2026
                                                          3/3




                        from today, be released on anticipatory bail on furnishing bail

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

                        of the like amount each to the satisfaction of the learned trial

                        court where the case is pending/successor court in connection

                        with Manigachchi P.S. Case No. 124 of 2025, subject to the

                        conditions as laid down under Section 482 (2) of the BNSS.

                                 7.     However, it is made clear that in the event, if the

                        Investigating Officer of the case files an application before the

                        learned trial court bringing to its notice that the petitioner,

                        despite giving assurance to this Court, is not cooperating in the

                        investigation, in that event, the learned trial court shall be at

                        liberty to cancel the bail bonds of the petitioner.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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