Patna High Court
Rakesh SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted anticipatory bail to the petitioner subject to conditions under Section 438 CrPC and Section 482(2) of the BNSS, 2023.
Summary
The petitioner, Rakesh Singh, was implicated in a FIR for theft of electricity wires and offences under the BNSS and Arms Act, based primarily on a co‑accused's confessional statement. He asserted a clean antecedent and that his name does not appear in the FIR. The State opposed his anticipatory bail, while the petitioner highlighted that similarly situated co‑accused had already been granted anticipatory bail. The Court examined the lack of direct evidence against him, his clean record, and the precedent of bail to co‑accused, and consequently ordered anticipatory bail with a cash bond and several conditions. The bail is to be released upon surrender or arrest, subject to compliance with conditions under Section 438 of the CrPC and Section 482(2) of the BNSS, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC and Section 482(2) of the BNSS, 2023 given the circumstances of the case.
- Whether the reliance on a co‑accused's confessional statement suffices to justify denial of anticipatory bail.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 35
- B.N.S. — s. 111, 317(3), 317(5), 61(2)
- BNSS, 2023 — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 BNSS
- theft of electricity wire
- clean antecedent
- confessional statement
- Arms Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25890 of 2026
Arising Out of PS. Case No.-519 Year-2024 Thana- PAHARPUR District- East Champaran
======================================================
Rakesh Singh Son of Veer Bahadur Singh Resident of Village- Hematpur
Tikuliya PS- Paharpur, Dist- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Ranjan, Advocate
For the Opposite Party/s : Mr. Lalan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 08-05-2026 Heard Mr. Abhishek Ranjan, learned counsel for the
petitioner and Mr. Lalan Kumar, learned APP for the State.
2. The petitioner is apprehending his arrest in
connection with Paharpur P.S. Case No. 519 of 2024, F.I.R.
dated 20.11.2024 registered for the offences punishable under
Sections 111, 317(3), 317(5), 61(2) of the B.N.S. and Section
25(1-B)(a), 26, 35 of the Arms Act.
3. Allegation against the petitioner is of committing
theft of electricity wire by forming an organized group with the
other members of the group.
4. Learned counsel for the petitioner submits that the
petitioner has clean antecedent and he has been falsely
implicated in the present case. He further submits that it
appears from the F.I.R. as well as seizure list that petitioner is
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not named in the F.I.R. and the name of the petitioner has been
transpired during investigation on the basis of confessional
statement of co-accused person, namely, Mukesh Singh @
Mukesh Kumar and except the aforesaid, no other cogent
material has come during investigation to suggest the
involvement of the petitioiner in the present occurrence. He
further submits that co-accused person, namely, Chhotan Singh
@ Chhotan Kumar has been granted the privilege of
anticipatory bail by this Court vide order dated 18.11.2025
passed in Cr. Misc. No. 75475 of 2025, another co-accused
person, namely, Lal Deo Yadav @ Laldeo Kumar has been
granted the privilege of anticipatory bail by a Coordinate Bench
of this Court vide order dated 15.01.2026 passed in Cr. Misc.
No. 87490 of 2025.
5. Learned APP for the State has opposed the prayer
for anticipatory bail of the petitioner.
6. Considering the facts and circumstances of the
case and the fact that the petitioner having clean antecedent and
the petitioner is not named in the F.I.R. and the name of the
petitioner has been transpired on the basis of confessional
statement of co-accused person as well as similarly situated co-
accused persons have been granted the privilege of anticipatory
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bail by this Court or by a Coordinate Bench of this Court, let the
petitioner, above named, in the event of his arrest or surrender
before the court below within a period of thirty days from the
date of receipt of the order, be released 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 learned
Judicial Magistrate 1st Class, East Champaran, Motihari in
connection with Paharpur P.S. Case No. 519 of 2024, subject to
the conditions as laid down under Section 438(2) of the Code of
Criminal Procedure/ Section 482(2) of BNSS, 2023 and with
other following conditions :-
(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
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criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ibrar//-
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