Patna High Court
Hapotan @ Rajeev KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The court inclined to grant anticipatory bail to the petitioner.
Summary
The petitioner, Hapotan @ Rajeev Kumar, sought anticipatory bail in connection with a 2022 FIR alleging theft (IPC Sec. 379) and assault (IPC Sec. 356) after a mobile phone was snatched. The prosecution’s case relied on the confessional statement of co‑accused Sujit Kumar, while no incriminating material was found in the petitioner’s possession. The petitioner, who has a prior criminal antecedent but is already on bail, argued that the evidence against him is insufficient. The court considered that the seized article was recovered from the co‑accused and the petitioner’s lack of constructive possession, and therefore granted anticipatory bail. The bail was conditioned on a Rs.10,000 bond, two sureties, compliance with Section 438(2) CrPC, Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita, and specific conduct requirements.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC given the circumstances of the case.
- Whether the confessional statement of a co‑accused is sufficient ground to deny anticipatory bail.
- Whether the absence of incriminating material in the petitioner’s possession justifies the grant of anticipatory bail.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Criminal Procedure Code — s. 438(2)
- Indian Penal Code — s. 356, 379
Subjects
- anticipatory bail
- Section 438
- theft
- assault
- confessional statement
- bail conditions
- Indian Penal Code
- Criminal Procedure Code
- Bhartiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33992 of 2026
Arising Out of PS. Case No.-570 Year-2022 Thana- BARH District- Patna
======================================================
Hapotan @ Rajeev Kumar S/o Chandeshwar Prasad R/o Village- Lemuabad
P.S- Pandarak, District- Patna
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anjana .
For the Opposite Party/s : Mr.Md. Ataur Rahman
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 21-05-2026 Heard the learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Barh P.S. Case No. 570 of 2022, F.I.R dated
29.08.2022 registered for the offences punishable under
Sections 379, 356 of the Indian Penal Code.
3. According to prosecution case, on 21.07.2022 at
about 7:30 pm, while informant was talking on his mobile
phone near NH-31, two unknown persons came on a motorcycle
and snatched his mobile phone and fled away.
4. Learned counsel for the petitioner submits that the
seized article has been recovered from the co-accused, namely,
Sujit Kumar, who has been implicated in the First Information
Report and name of the petitioner has transpired on the basis of
Patna High Court CR. MISC. No.33992 of 2026(2) dt.21-05-2026
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confessional statement of co-accused, namely, Sujit Kumar,
while, nothing incriminating has been recovered from the
constructive possession of the petitioner. It has further been
submitted that the petitioner has one criminal antecedent but he
is on bail in the said case.
5. Learned APP for the State opposes the prayer for
anticipatory bail application.
6. Considering the aforesaid facts and circumstances
that the seized article has been recovered from the co-accused,
namely, Sujit Kumar and name of the petitioner has transpired
on the basis of his confessional statement, while nothing
incriminating has been recovered from the constructive
possession of the petitioner. 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 four weeks 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 A.C.J.M.-1st, Barh (Patna) in
connection with Barh P.S. Case No. 570 of 2022 , subject to the
conditions as laid down under Section 438(2) of the Code of
Patna High Court CR. MISC. No.33992 of 2026(2) dt.21-05-2026
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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 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/-
Rakesh/-
U T
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