Patna High Court
Rajendra SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
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
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
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
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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
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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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