Patna High Court
Raghubir KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
The Court refused the petitioner's anticipatory bail application.
Summary
The petitioner, Raghubir Kumar, applied for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, fearing arrest in a case involving alleged brokerage and impersonation offenses under multiple sections of the Bhartiya Nyay Sanhita, 2023 and the Bihar Conduct of Examination Act. The prosecution alleged that the petitioner received Rs. 2 lakh to facilitate the crime and that a confessional statement corroborated the FIR. The petitioner claimed innocence, clean military record, and that the charges were fabricated by an inimical relative, arguing that denial of bail would ruin his career. The State opposed bail, emphasizing the direct allegations and the corroborative nature of the confessional statement. After considering the material, the Court refused anticipatory bail, directing that regular bail may be considered if the petitioner surrenders within four weeks.
Issues considered
- Whether anticipatory bail can be granted under Section 482 BNSS, 2023 to a person accused of offenses under the Bhartiya Nyay Sanhita, 2023 and the Bihar Conduct of Examination Act.
- Whether the presence of a confessional statement and specific allegations of brokerage justify denial of anticipatory bail.
- Whether surrender within a stipulated period permits consideration of regular bail without prejudice.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Bhartiya Nyay Sanhita, 2023 — s. 112(2), 318(4), 319(2), 336(3), 338, 340(2), 3(5), 61(2)
- Bihar Conduct of Examination Act — s. 10, 11
Subjects
- anticipatory bail
- Section 482
- BNSS 2023
- criminal miscellaneous
- bail denial
- confessional statement
- brokerage
- Bihar Conduct of Examination Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36139 of 2026
Arising Out of PS. Case No.-78 Year-2026 Thana- GARDANIBAG District- Patna
======================================================
Raghubir Kumar Son of Ram Balak Yadav Resident of Village- Near High
School Marg Saunda Marg P.O.- Saunda, P.S.- Bhorkhunda, Dist.- Ramgarh,
Jharkhand
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vidyapati, Advocate
For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 03-06-2026 The Court proceeding is being conducted through
virtual mode.
2. Heard learned Counsel for the petitioner and
learned APP for the State.
3. The present criminal miscellaneous application has
been filed under Section 482 of the Bharatiya Nagarik Suraksha
Sanhita, 2023 (hereinafter referred to as ‘the BNSS, 2023’) for
grant of anticipatory bail to the petitioner who apprehends arrest
in connection with Gardanibagh P.S. Case No. 78 of 2026,
lodged on 28.01.2026, under Section 319(2)/318(4)/338 /336(3)
/340(2)/112(2)/61(2)/3(5) of the Bhartiya Nyay Sanhita, 2023
and under Section 10/11 of Bihar Conduct of Examination Act,
pending in the Court of learned Additional Chief Judicial
Patna High Court CR. MISC. No.36139 of 2026(2) dt.03-06-2026
2/3
Magistrate-XIII, Patna.
4. As per the prosecution, the FIR has been lodged
against five accused persons including the present petitioner.
Specific allegation against the petitioner is that he has played
the role of broker and at his instance other persons were
impersonated. It has also been directly alleged that petitioner
had received rupees two lakhs to do this work.
5. Learned Counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in this
case. He submits that the petitioner is an Army man being clean
antecedent and he has unnecessarily been made accused in this
case at the instance of the relative with whom he has inimical
term. Counsel further submits that career of the petitioner shall
be destroyed if anticipatory bail shall not be granted.
6. Learned APP for the State, on the other hand,
opposes the prayer for bail of the petitioner and submits that
there is direct allegation against the petitioner that he has played
the role of broker in commission of crime.
7. After going through the confessional statement,
which is corroborative in nature, the entire modus operandi has
been made in the FIR.
8. In this background, this Court is not inclined to
Patna High Court CR. MISC. No.36139 of 2026(2) dt.03-06-2026
3/3
grant anticipatory bail to the petitioner. Hence, the prayer for
anticipatory bail of petitioner is hereby refused. However, in the
event of surrender of the petitioner within four weeks from
today, the prayer for regular bail shall be considered on merit on
the same day without being prejudiced by the order of this
Court.
(Dr. Anshuman, J)
Mkr./Bipin/-
U T
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