Patna High Court
Rajeev Kumar @ Rajeev KushwahaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted anticipatory bail to the petitioner.
Summary
The petitioner, Rajeev Kumar, sought anticipatory bail in connection with FIR No. 287 of 2025 alleging offences under Sections 310(2) and 317(3) of the Bharatiya Nyaya Sanhita, 2023. The prosecution’s case is based solely on the confession of a co‑accused, with no material recovered from the petitioner’s possession. The petitioner has no prior criminal record and expressed willingness to cooperate with the investigation. The State’s counsel did not contest these submissions. Considering the lack of direct evidence, the petitioner’s clean antecedent, and his cooperation, the Court granted anticipatory bail subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the FIR naming him based on a co‑accused’s confession.
- Whether the absence of material recovered from the petitioner and his clean antecedent justify bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 310(2), 317(3)
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- confession of co‑accused
- clean antecedent
- Section 310
- Section 317
- Criminal Procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33783 of 2026
Arising Out of PS. Case No.-287 Year-2025 Thana- SIMRI District- Darbhanga
======================================================
Rajeev Kumar @ Rajeev Kushwaha S/o- Mahendra Mahto @ Mahendra
Kushwaha Resident of Village- Shivdaspur, P.S.- Bishanpur, District-
Darbhanga, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vikas Kumar Jha, Advocate.
For the Opposite Party/s : Mr.Brajendra Nath Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 20-05-2026 Heard the learned counsel for the petitioner and
learned Additional Public Prosecutor for the State through
virtual mode.
2. The petitioner is apprehending his arrest in
connection with Simri Bazar P.S. Case No. 287 of 2025, F.I.R
dated 03.11.2025 registered for the offences punishable under
Sections 310 (2) and 317 (3) of the Bharatiya Nyaya Sanhita,
2023.
3. According to prosecution case, on 03.11.2025 at
about 10:00 P.M. while the informant was returning from Simri
Chowk on his motorcycle bearing Registration No. BR-07AQ-
3850 along with two co-villagers, they were intercepted near the
boring machine of Ranjeet Ram situated in the village Bastwara
by about 08 unknown miscreants riding on four motorcycles.
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The alleged persons wrongfully restrained the informant and his
companions and one of the miscreants put a knife on the neck of
the informant while another brandished a pistol thereby putting
them in fear of death. Thereafter, the accused persons forcibly
snatched the motorcycle of the informant and one mobile phone
of Sachin Kumar and another mobile phone of Roshan Kumar,
companions of the informant.
4. Learned counsel for the petitioner submits that the
name of the petitioner has transpired in the First Information
Report on the basis of confession of the co-accused namely,
Manish Kumar while nothing is said to have been recovered
from the constructive possession of this petitioner. Learned
counsel for the petitioner has submitted that the petitioner has
no criminal antecedent and is ready to cooperate with the
investigation if the case of the petitioner is sent up for trial to
reach to a logical conclusion.
5. Shri Brajendra Nath Pandey, learned APP for the
State who is appearing through virtual mode did not controvert
the submissions of the counsel for the petitioner.
6. Considering the aforesaid submissions of the
parties and the fact that the name of the petitioner has been
transpired on the basis of the confession and no recovery has
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been made from the constructive possession of this petitioner,
the petitioner has clean antecedent and is ready to cooperate
with the trial to reach to a logical concluding, accordingly, this
Court is inclined to grant the privilege of anticipatory bail to the
petitioner.
7. Let the petitioner, above named, in the event of
his/her 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/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned SDJM, Darbhanga in connection with
Simri Bazar P.S. Case No. 287 of 2025 , subject to the
conditions as laid down under Section 438(2) of the Code of
Criminal Procedure / Section 482(2) of the Bhartiya Nagarik
Suraksha Sanhita and with other following conditions:-
(i) one of the bailors should be the
family member/relative/known of the
petitioner(s) who shall provide official
document/personal affidavit to show his/her
bona fide;
(ii) the petitioner(s) shall appear
on each and every date before the Trial
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Court and failure to do so for two
consecutive dates without plausible reason
will entail cancellation of his/her/their bail
bond by the Trial Court itself;
(iii) the petitioner(s) shall in no
way try to induce or promise or threat the
witnesses or tamper with the evidences,
failing which the State shall be at liberty to
take steps for cancellation of the bail bonds;
(iv) the petitioner(s) shall desist
from committing any criminal offence again,
failing which the State shall be at liberty to
take steps for cancellation of their bail
bonds.
(Ajit Kumar, J)
shikha/suryadev
U T
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