Patna High Court
Badal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court held that anticipatory bail should be granted to the petitioner under the circumstances.
Summary
Badal Kumar sought anticipatory bail fearing arrest in a theft case (PS Case No. 491 of 2024) involving a stolen motorcycle. The prosecution’s case relied on a confessional statement of co‑accused Rajnikant Kumar, who had already been granted regular bail, and no incriminating material was found in Badal Kumar’s possession. The petitioner argued that he was not named in the FIR, had a clean antecedent, and that the co‑accused’s regular bail should not preclude anticipatory relief. The State opposed, contending that only regular bail had been granted to the co‑accused. The High Court, considering the lack of material evidence against the petitioner and his clean record, granted anticipatory bail subject to a bond of Rs 10,000, two sureties and specific conditions under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail can be granted when the only evidence against the petitioner is a co‑accused’s confessional statement and no material has been recovered from the petitioner.
- Whether the grant of regular bail to the co‑accused precludes the petitioner’s claim for anticipatory bail.
Subjects
- anticipatory bail
- confessional statement
- theft of motor vehicle
- clean antecedent
- Section 482
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23729 of 2026
Arising Out of PS. Case No.-491 Year-2024 Thana- ALOULI District- Khagaria
======================================================
Badal Kumar S/O Ashok Chaudhari Resident of Ward no. 08, Saharbanni,
Saharbani, P.S.- Alauli, Distt.- Khagaria, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Keshav Bhardwaj, Adv
For the Opposite Party/s : Mr.Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 16-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending his arrest in
connection with Alauli P.S. Case No. 491 of 2024 for the
offence punishable under sections 309(4) of the BNS lodged on
23.11.2024 by the informant.
3. As per the prosecution case, the informant was
deprived of his Motorcycle bearing Registration No. BR34T-
1203 by four unknown miscreants. Accordingly, the FIR.
4. Learned counsel for the petitioner submits that the
petitioner is not named in the FIR and his name has transpired in
this case on the basis of confessional statement made by one co-
accuse, namely, Rajnikant Kumar. It has further been submitted
that no any incriminating article nor the stolen motorcycle has
Patna High Court CR. MISC. No.23729 of 2026(2) dt.16-04-2026
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been recovered from the constructive possession of the
petitioner or from the house of the petitioner. The co-accused,
Rajnikant Kumar, on whose confessional statement, the
petitioner has been implicated in this case, has already been
granted regular bail by the learned District Court itself vide Bail
Petition No. 184 of 2025. The petitioner has got clean
antecedent.
5. Learned APP opposes the prayer for anticipatory
bail and submits that the co-accused has been granted regular
bail and not anticipatory bail.
6. Considering the nature of allegation and nothing
incriminating has been recovered from the constructive
possession of the petitioner, the co-accused, Rajnikant Kumar,
on whose confessional statement, the petitioner has been
implicated in this case, has already been granted regular bail by
the learned District Court itself and this petitioner has got clean
antecedent, this Court is inclined to extend him the privilege of
anticipatory bail.
7. Let the petitioner, above named, be released on
bail in the event of arrest or surrender within a period of six
weeks from the receipt of this order, on furnishing bail bond of
Rs. 10,000/- (Ten thousand) with two sureties of like amount
Patna High Court CR. MISC. No.23729 of 2026(2) dt.16-04-2026
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each to the satisfaction of learned Chief Judicial Magistrate,
Khagaria in connection with aforesaid PS Case, subject to the
conditions as laid down under Section 482(2) of the BNSS as
well as the following conditions:-
(i) one of the bailors should be the
family member/relative of the petitioner(s)
who shall provide official document to show
his/her bona fide;
(ii) the petitioner(s) 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/their bail
bond by the Trial Court itself;
(iii) the petitioner(s) shall in no
way try to induce or promise or threat the
witnesses or tamper with the evidences,
failing which the State shall be at liberty to
take steps for cancellation of the bail bonds;
(iv) the petitioner(s) shall desist
from committing any criminal offence again,
failing which the State shall be at liberty to
take steps for cancellation of his/their bail
bonds.
(Ajit Kumar, J)
perwez
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