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Patna High Court

Rakesh SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.25890 of 2026(3) dt.08-05-2026
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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
Patna High Court CR. MISC. No.25890 of 2026(3) dt.08-05-2026
                                            3/4




          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
               Patna High Court CR. MISC. No.25890 of 2026(3) dt.08-05-2026
                                                           4/4




                         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//-

U          T


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