Rajesh KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26726 of 2026
                    Arising Out of PS. Case No.-250 Year-2024 Thana- BHAGWANPUR District- Vaishali
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                 Rajesh Kumar S/o Jitendra Singh R/o Village- Karmopur, Naya Tola, P.S-
                 Bidupur, Dist- Vaishali, Bihar.
                                                                          ... ... Petitioner
                                                 Versus
                 The State of Bihar
                                                                   ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Chandramauli Kumar, Advocate
                 For the Opposite Party/s :       Dr. Ajeet Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   27-04-2026               Heard learned counsel for the petitioner and learned APP

                   for the State.

                             2. The accused-petitioner, named in the F.I.R., is

                   apprehending his arrest in connection with Bhagwanpur P.S.

                   Case No. 250 of 2024 registered for the offences punishable

                   under Sections 317(5) of the Bhartiya Nyay Sanhita, 2023 (in

                   short, the ‘B.N.S.’) and section 25(1-b)a, 26, 35 of the Arms

                   Act.

                             3. As per FIR, the petitioner was standing beside the

                   road, near parked motorcycle, along with other named co-

                   accused and was planning to commit crime upon receiving

                   information, police arrived and apprehended one of the co-

                   accused namely, Rahul Paswan, who disclosed the name of this

                   petitioner.

                             4. Learned counsel appearing on behalf of the petitioner
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          submitted that petitioner was not present with apprehended co-

          accused beside motorcycle but his name was given out of

          neighbourhood dispute and differences and also due to suspicion

          arising out of his criminal antecedent, as he found involved in

          13 cases, where in all cases he is on bail, except one

          Bhagwanpur P.S. Case No. 67/2024.

                   5. It is submitted that except suspicion arising out of

          disclosure nothing incriminating available against this petitioner

          as even the stolen property i.e. motorcycle has already been

          recovered from the possession of the apprehended co-accused

          persons along with fire-arm. It is submitted that on all material

          aspects, the investigation of this case is completed and no useful

          purpose would be served by sending this petitioner behind the

          bar.

                   6. It is pointed out that if the merit of this case is

          otherwise convincing in favour of this petitioner, merely on the

          basis of his criminal antecedents, prayer of anticipatory bail

          should not be denied. Learned counsel relied upon the legal

          report of Hon’ble Supreme Court as available through

          Prabhakar Tewari Vs. State of U.P. and Another reported in

          (2020) 11 SCC 648.

                   7. Learned A.P.P. for the State opposes the prayer for
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          anticipatory bail of the petitioner.

                   8. In view of the aforesaid factual submissions and by

          taking note of the fact as prima facie save and except suspicion

          arising out of disclosure of apprehended co-accused person,

          nothing      incriminating        appears       against   the   petitioner,

          accordingly, above-named petitioner, in the event of his

          arrest/surrender within a period of four weeks from this order, is

          directed to be enlarged on bail on furnishing of bail bond of

          Rs.10,000/- (ten thousand only) with two sureties of the like

          amount each to the satisfaction of learned Chief Judicial

          Magistrate, Vaishali at Hajipur/concerned court in connection

          with Bhagwanpur P.S. Case No. 250 of 2024, subject to the

          conditions as laid down under Section 438(2) of the

          Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita

          (in short “B.N.S.S.”) with further condition:

                         (i) That petitioner shall not indulge in similar nature

                         of case till the conclusion of trial, failing which the

                         State shall be at liberty to move before the Trial

                         Court itself for the cancellation of bail bond of the

                         petitioner.

                         (ii) That petitioner shall co-operate in investigation

                         and also in the trial failing which, the State may
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                                    move for cancellation of bail of petitioner before

                                    learned trial court itself.


                                                                  (Chandra Shekhar Jha, J.)
Rajeev/-

U      T