Patna High Court
Raja KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The petitioners are entitled to anticipatory bail under Section 438(2) of the Code of Criminal Procedure.
Summary
The petitioners Raja Kumar, Golu Kumar and Aditya Kumar sought anticipatory bail fearing arrest in connection with FIR No. 312 of 2025 alleging offences under various sections of the Bihar Penal Code, 2023. They contended they had clean antecedents, were falsely implicated, and that the FIR made only generic allegations without specific acts against them. The prosecution opposed the bail, but the court noted that similarly situated co‑accused had been granted anticipatory bail in earlier orders. Considering the lack of specific allegations, the petitioners' clean record, and the precedent, the court granted anticipatory bail under Section 438(2) of the CrPC with a bond of Rs. 10,000 and several conditions. The order directed the lower court to release the petitioners on bail if they surrender within thirty days, subject to compliance with the stipulated conditions.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under Section 438 CrPC despite the FIR allegations.
- Whether the absence of specific allegations against the petitioners and their clean antecedent justify the grant of bail.
- Whether the grant of anticipatory bail to similarly situated co‑accused is determinative for the petitioners' bail application.
Legislation cited
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Section 438
- false implication
- clean antecedent
- Criminal Procedure
- bail conditions
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36027 of 2026
Arising Out of PS. Case No.-312 Year-2025 Thana- BELDOUR District- Khagaria
======================================================
1. Raja Kumar S/O Diwakar Sharma Resident of village- Chakramaniya, P.S.-
Beldaur, District- Khagaria.
2. Golu Kumar @ Golden S/o-Ram Bahadur Sah Resident of village-
Chakramaniya, P.S.- Beldaur, District- Khagaria.
3. Aditya Kumar @ Suraj Kumar S/o-Patel Singh Resident of village-
Chakramaniya, P.S.- Beldaur, District- Khagaria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 38906 of 2026
Arising Out of PS. Case No.-312 Year-2025 Thana- BELDOUR District- Khagaria
======================================================
Abhay Kumar S/O Lalo Sah Resident of Village- Beldaur, Shripur, Police
Station- Beldaur,District- Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 36027 of 2026)
For the Petitioner/s : Mr. Aditya Kumar, Advocate
For the Opposite Party/s : Ms. Meena Singh, APP
(In CRIMINAL MISCELLANEOUS No. 38906 of 2026)
For the Petitioner/s : Mr. Shashank Shekhar, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 02-07-2026 Heard Mr. Aditya Kumar, learned counsel for the
petitioners and Ms. Meena Singh, learned Additional Public
Prosecutor for the State in Cr. Misc. No. 36027 of 2026 and Mr.
Shashank Shekhar, learned counsel for the petitioner and Mr.
Patna High Court CR. MISC. No.36027 of 2026(2) dt.02-07-2026
2/4
Shailendra Kumar, learned Additional Public Prosecutor for the
State in Cr. Misc. No. 38906 of 2026.
2. The petitioners are apprehending their arrest in
connection with Beldaur P.S. Case No. 312 of 2025, F.I.R. dated
20.10.2025 for the offences punishable under Sections 191(1),
191(2), 190, 115(2), 109, 121(1), 121(2), 132, 326(g), 352,
351(2&3) of the BNS, 2023.
3. According to prosecution case, 51 named and 100-
150 unnamed persons including these petitioners were involved
in vandalism and they have also some shops and tent on fire and
also created hindrance in discharging the official duty to the
police personnel.
4. Learned counsel for the petitioners submits that
petitioners have clean antecedent and they have falsely been
implicated in the present case. He further submits that the
allegation as alleged in the F.I.R is false and fabricated and the
petitioners have not committed any offence as alleged in the
F.I.R. It appears from the F.I.R that there is no specific
allegation of assault or overt act attributed against the
petitioners rather there is general and omnibus allegation against
all the accused persons including these petitioners. In fact, the
FIR has been instituted against 51 named and 100-150 unnamed
Patna High Court CR. MISC. No.36027 of 2026(2) dt.02-07-2026
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persons including these petitioners. They further submits that
the similarly situated co-accused, namely, Sumit Kumar has
been granted anticipatory bail by this Court vide order dated
06.02.2026 passed in Cr. Misc. No. 4156 of 2026 and another
co-accused, namely, Vikram Kumar @ Bikram Kumar @
Vikram Kumar Saurabh and others have been granted
anticipatory bail by a Co-ordinate Bench of this Court vide
order dated 08.04.2026 passed in Cr. Misc. No. 6791 of 2026.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioners.
6. Considering the aforesaid facts and circumstances
that the petitioners have clean antecedent, there is no specific
allegation of assault or firing against these petitioners and
similarly situated co-accused persons have been granted
anticipatory bail by this Court and by Co-ordinate Bench of this
Court, let the petitioners, above named, in the event of their
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 C.J.M., Khagaria in connection with Beldaur P.S.
Case No. 312 of 2025, subject to the conditions as laid down
Patna High Court CR. MISC. No.36027 of 2026(2) dt.02-07-2026
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under Section 438(2) of the Code of Criminal Procedure and
with other following conditions:-
i. Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
ii. If the petitioners tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
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