Patna High Court
Rajendra PatelversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court granted anticipatory bail to the petitioner subject to a bond, sureties and conditions under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S.
Summary
The petitioner, Rajendra Patel, was apprehended in connection with a robbery case (PS Case No. 92 of 2021) involving alleged theft of a bag of torn currency notes, for which the police recovered the bag and returned it to the informant. The petitioner was not named in the FIR and the only incriminating material against him was a confessional statement of co-accused Naseem, who alleged that the petitioner may have purchased a SIM card used for a ransom call. The petitioner argued that the informant never implicated him, that he had not been called for investigation for five years, and relied on a Supreme Court precedent (Gursewak Singh v. State of Punjab) to seek anticipatory bail. The State opposed the bail, citing the seriousness of the offences under IPC sections 341, 342, 392, 120B and 34, and the petitioner’s involvement in other criminal cases. The Court examined the lack of direct evidence, the absence of suspicion in the FIR, and the procedural delay, and concluded that anticipatory bail was appropriate. Accordingly, the Court ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties of equal amount, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita. The order was directed to be implemented within four weeks of the judgment.
Issues considered
- Whether anticipatory bail should be granted in the absence of direct evidence and when the petitioner is not named in the FIR.
- Whether a confessional statement of a co-accused is sufficient grounds to deny bail.
- Whether the petitioner’s non‑appearance for investigation over five years justifies bail.
- Applicability of Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S. in granting anticipatory bail.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Criminal Procedure Code — s. 438(2)
- Indian Penal Code — s. 120B, 34, 341, 342, 392
Subjects
- anticipatory bail
- confessional statement
- robbery
- Indian Penal Code
- Section 438 Cr.P.C.
- Section 482 B.N.S.S.
- bail jurisprudence
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40159 of 2026
Arising Out of PS. Case No.-92 Year-2021 Thana- CHANPATIA District- West Champaran
======================================================
Rajendra Patel Son of Nathu Patel R/O Village - Bankat, P.S.- Chanpatiya,
District - West Champaran.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Bimlesh Kumar Pandey, Advocate
For the Opposite Party/s : Mr.Ram Priya Sharan Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 23-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The accused-petitioner, not named in the F.I.R., is
apprehending his arrest in connection with Chanpatiya P.S.
Case No. 92 of 2021 registered for the offences punishable
under Sections 341, 342, 392, 120B, 34 of the Indian Penal
Code.
3. The allegation against the petitioner is to commit
robbery and while committing so, looted a bag of the
informant while he was going to the bank for depositing
torn currency note. The bag having torn currency note
subsequently thrown near to the gate of the police station,
which was recovered by the police and subsequently
returned to the informant after due verification.
Patna High Court CR. MISC. No.40159 of 2026(2) dt.23-06-2026
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4. Mr. Bimlesh Kumar Pandey, learned counsel
appearing on behalf of the petitioner submitted that prior to
this occurrence the petitioner was made accused in
Chanpatiya P.S. Case No. 108/2021, on the basis of
confessional statement of one co-accused Naseem, who
confessed in police custody that Sim Card, which was used
for the purpose of making ransom call, was purchased from
his shop and this petitioner may be one of them, who
purchased the same. It is submitted that with this cryptic
statement, the petitioner was arrested with Chanpatiya P.S.
Case No. 108/2021, where he confessed in police custody
qua his involvement with the present crime in question,
which is available in paragraph 94 of the case diary. It is
submitted that except the confessional statement, nothing
incriminating appears against this petitioner. It is pointed
out that admittedly recovery of torn currency note was
made from an open place, which was subsequently handed
over to the informant.
5. Arguing further, it is submitted by learned counsel
that even the informant through FIR not raised any
suspicion qua this petitioner rather he raised suspicion as to
Patna High Court CR. MISC. No.40159 of 2026(2) dt.23-06-2026
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involve in present crime in question against co-accused
namely, Ashutosh Sharma, Vivek Sharma and Anand Bihari.
6. It is further urged that petitioner was never called
to join investigation in last five years and, therefore, on this
ground alone, he may be released on bail. In support of his
submission, learned counsel relied upon the legal report of
Hon’ble Supreme Court as available through Gursewak
Singh Vs. State of Punjab [Special Leave to Appeal (Cri)
No. 11234 of 2025 dated 03.09.2025].
7. Explaining criminal antecedent, it is submitted
that petitioner found involved in four more criminal cases,
where he is on bail.
8. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
9. In view of the aforesaid factual submissions and
by taking note of the fact as admittedly recovery was made
from an open place, where not even suspicion appears
raised against this petitioner through FIR, accordingly,
above-named petitioner, in the event of his arrest/surrender
within a period of four weeks from this order, is directed to
be enlarged on bail on furnishing of bail bond of
Patna High Court CR. MISC. No.40159 of 2026(2) dt.23-06-2026
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Rs.10,000/- (ten thousand only) with two sureties of the like
amount each to the satisfaction of learned C.J.M., Bettiah,
West Champaran/concerned court in connection with
Chanpatiya P.S. Case No. 92 of 2021, subject to the
conditions as laid down under Section 438(2) of the
Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha
Sanhita (in short “B.N.S.S.”).
(Chandra Shekhar Jha, J)
Rajeev/-
U T
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