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Patna High Court

Rajendra SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that, in the absence of any direct allegation against the petitioner and given his clean antecedent, anticipatory bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, is warranted.

Summary

The petitioner, Rajendra Sah, sought anticipatory bail fearing arrest in a case where his son, Satyendra Sah, was accused of cheating and assault. The FIR alleged that the son and another accused took money from an informant for a job and later assaulted him, but there was no direct allegation against the petitioner. The petitioner argued innocence, clean antecedent, and that he was implicated solely due to his relationship with the accused. The State opposed the bail, citing the seriousness of the offences. The Court, noting the lack of direct charges against the petitioner and his clean record, granted anticipatory bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, subject to conditions of cooperation and verification of antecedents.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 despite the FIR relating to his son.
  • Whether the petitioner is a necessary party to the FIR or merely implicated by familial relation.
  • Whether the petitioner’s clean criminal antecedent and lack of direct allegation justify the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • Bharatiya Nagarik Suraksha Sanhita
  • clean antecedent
  • false implication
  • father-son relationship
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30671 of 2026
                   Arising Out of PS. Case No.-306 Year-2024 Thana- ADAPUR District- East Champaran
                 ======================================================
                 Rajendra Sah Son of late Lahwar Sah Resident of village- Sirisiya, Ps-
                 Adapur, Dist- East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Namita Sharma, Adv
                                                  Mr. Anshu Dhar Sharma, Adv
                 For the Opposite Party/s :       Mr. Binod Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

2   07-05-2026                      Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                 2. The petitioner apprehends his arrest in connection

                   with Adapur P.S. Case No. 306 of 2024, registered for the

                   offence punishable under Section 406, 420, 467, 468, 323, 504

                   and 379/34 of the IPC.

                                 3. The case of the prosecution, in short, as per the

                   informant is that in the year 2018, the accused persons

                   Satyendra Sah (the petitioner herein) and Rajendra Sah had

                   taken Rs. 2,50,000/- from the informant to provide him service

                   of peon. In the year 2019, the petitioner Satyendra Sah had

                   again taken Rs. 50,000/- from the informant for the said

                   purpose. It is further alleged that when the informant did not
Patna High Court CR. MISC. No.30671 of 2026(2) dt.07-05-2026
                                            2/3




          getting job till September 2020, he went at the house of the

          accused persons and requested them to return his money, then

          the accused persons made an undertaking to refund the money.

          On 20.09.2023 at about 4:00 PM, the informant along with

          some villagers went at the house of the accused persons

          regarding the said money, then both of them and 2-4 unknown

          persons started abusing the informant and also assaulted him.

          Satyendra Sah took out cash Rs. 5000/- from the pocket of

          informant.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has not committed any offence. He

          further submits that he has falsely been implicated in the present

          case as he happens to be the father of Satyendra Sah. There is no

          direct allegation against the petitioner in the FIR and the

          petitioner has no criminal antecedent.

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

          anticipatory bail.

                       6. From the reading of the FIR, it transpires that the

          main allegation is against Satyendra Sah of taking money from

          the informant for providing him a job of peon. The petitioner

          seems to have been implicated simply because he is the father of the

          co-accused Satyendra Sah. The petitioner has clean antecedent.
            Patna High Court CR. MISC. No.30671 of 2026(2) dt.07-05-2026
                                                        3/3




                      Under these circumstances, this Court is inclined to grant

                      privilege of anticipatory bail to the petitioner.

                                   7. Let the petitioner, named above, in the event of his

                      arrest or surrender before the Court below within four weeks

                      from today, be released on bail on furnishing bail bond of

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

                      each to the satisfaction of the learned Sessions Judge, East

                      Champaran, Motihari in connection with Adapur P.S. Case No.

                      306 of 2024, subject to the conditions laid down under section

                      482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and

                      subject to the further condition that:-

                                   (i)    the     petitioner      shall    co-operate   in   the

                      investigation/trial.

                                   (ii) the learned Court would, however, verify the

                      criminal antecedent of the petitioner and in case it is found that

                      the petitioner has concealed his criminal antecedent, the Court

                      below shall take step for cancellation of bail bond of the

                      petitioner. However, it is expected that the verification process

                      would be done expeditiously without causing any delay.



                                                (Alok Kumar Sinha, J)
kiran/-
U       T


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