Patna High Court
Sulindra @ Surendra Raut @ VikashversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The court granted pre‑arrest bail to the petitioner, subject to a bail bond and sureties, under the provisions of Section 438(2) Cr.P.C. and Section 482(2) BNSS.
Summary
The petitioner, Sulindra Raut, applied for pre‑arrest bail in a case (Mohiuddinnagar P.S. Case No. 163 of 2024) alleging an offence under Section 309(4) of the BNS, where the FIR described an unknown assailant forcibly taking money and a mobile phone. The petitioner claimed innocence, stating his name was mentioned only through a co‑accused’s confessional statement to police. The State opposed the bail, but the court noted the FIR was against unknown persons and the petitioner’s involvement was based solely on that statement. Considering these facts, the court directed that the petitioner be released on pre‑arrest bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) Cr.P.C. and Section 482(2) BNSS. The court also ordered the District Court to verify any criminal antecedents, stating the bail order would lapse if such antecedents were found. The bail application was disposed of with the grant of bail.
Issues considered
- Whether pre‑arrest bail can be granted when the FIR is lodged against unknown persons and the petitioner is implicated solely on a co‑accused’s confessional statement.
- Whether the court can exercise its powers under Section 438(2) of the Criminal Procedure Code and Section 482(2) of the BNS Act to grant bail in such circumstances.
- Whether the petitioner’s prior bail in another case affects the grant of bail in the present case.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438, 482
Subjects
- pre‑arrest bail
- Section 309(4) BNS
- confessional statement
- co‑accused
- bail bond
- sureties
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47996 of 2025
Arising Out of PS. Case No.-163 Year-2024 Thana- MOHIUDDIN NAGAR District-
Samastipur
======================================================
Sulindra @ Surendra Raut @ Vikash son of Tekhan Raut Resident of Village-
Beside Marautpur Kabristan, P.S.- Desri, Dist- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Md Obaidullah, Advocate.
For the Opposite Party/s : Mr.Ajay Kumar Jha, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
4 17-01-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Mohiuddinnagar P.S. Case No. 163 of 2024 registered for
the offence punishable under Section 309(4) of the BNS.
3. As per the allegation made in the F.I.R., the accused
persons on the point of pistol forcibly taken money and mobile
from the pocket of the informant.
4. Learned counsel appearing on behalf of the
petitioner submitted that the petitioner is innocent and he has
falsely been implicated in the present case. F.I.R. is against
unknown persons. The name of the petitioner has surfaced in the
present case on the basis of confessional statement of co-
accused before the Police who was arrested in Vidyapatinagar
Patna High Court CR. MISC. No.47996 of 2025(4) dt.17-01-2026
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P.S. Case No. 102 of 2024, in which, petitioner has been
enlarged on bail by this Court vide order dated 11.08.2025
passed in Cr. Misc. No. 50563 of 2025.
5. Learned APP for the State has vehemently opposed
the prayer for grant of pre-arrest bail to the petitioner.
6. Considering the nature of allegation made against
the petitioner, as well as, the fact that the F.I.R. is against
unknown and the name of the petitioner has surfaced in the
present case on the basis of confessional statement of co-
accused before the Police who was arrested in Vidyapatinagar
P.S. Case No. 102 of 2024, in which, petitioner has been
enlarged on bail by this Court vide order dated 11.08.2025
passed in Cr. Misc. No. 50563 of 2025, the petitioner, above
named, is directed to be released on pre-arrest bail, in the event
of his arrest or surrender before the Court below within a period
of four weeks from today, on furnishing bail bond of Rs.
10,000/- (Ten thousand) with two sureties of the like amount
each to the satisfaction of learned Judicial Magistrate-I cum
Additional Munsif, Samastipur in connection with
Mohiuddinnagar P.S. Case No. 163 of 2024, subject to the
condition as laid down under Section 438(2) Cr.P.C / 482(2)
BNSS.
Patna High Court CR. MISC. No.47996 of 2025(4) dt.17-01-2026
3/3
7. The District Court is directed to verify the criminal
antecedent of the petitioner and if it is found that the petitioner
is involved in some other cases as what has been stated in Para-
3 of the bail petition, this order will automatically lose its force.
8. The bail application stands disposed of.
(Purnendu Singh, J)
mantreshwar/-
U T
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