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Patna High Court

Rajendra PatelversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/4




                   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
                                            3/4




          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
                                                       4/4




                     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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