Patna High Court

Barati Khan @ Md. Khan BarativersusThe State of Bihar

Decided: 5 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court held that anticipatory bail is warranted under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, as the allegations do not justify denial of bail.

Summary

The petitioner, Barati Khan, feared arrest in a case registered under Section 309(6) of the Bharatiya Nyaya Sanhita, 2023, alleging theft of valuables. The prosecution alleged that two unknown persons looted Rs. 59,195 and electronic items from the informant at gunpoint. The petitioner’s counsel argued that he was not named in the FIR and was implicated solely on a confessional statement of a co‑accused, which lacks evidentiary value, and that he has no criminal antecedent. The State opposed the bail application, contending that the allegations warranted detention. The Court examined whether anticipatory bail could be granted under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, given the circumstances. Accordingly, the Court ordered anticipatory bail on the condition of furnishing bail bonds and sureties.

Issues considered

Whether anticipatory bail can be granted under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in the present case.
Whether a confessional statement of a co‑accused provides sufficient basis for implicating the petitioner.
Whether the petitioner’s non‑inclusion in the FIR precludes his arrest.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Bharatiya Nyaya Sanhita, 2023 — s. 309(6)

Subjects

anticipatory bail
Section 309
confessional statement
co‑accused
bail conditions
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.52554 of 2025
                         Arising Out of PS. Case No.-10 Year-2025 Thana- PALASI District- Araria
                 ======================================================
                 Barati Khan @ Md. Khan Barati S/o Naseer Khan R/o Village- Pararia, Khan
                 Tola, P.S.- Sikty, District- Araria

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Anamul Haque, Advocate
                 For the Opposite Party/s :        Mrs. Renu Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

5   05-02-2026                    Heard Mr. Anamul Haque, learned counsel for the

                   petitioner, Mrs. Renu Kumari, learned APP for the State and

                   perused the case diary.

                                2. The petitioner apprehends arrest in connection with

                   Palasi P.S. Case No. 10 of 2025, registered under Section 309(6)

                   of the Bharatiya Nyaya Sanhita, 2023.

                                3. The prosecution case, in short, is that two unknown

                   persons have looted Rs. 59,195/-, mobile, tab and biometric

                   charger from the informant on the point of gun.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. Learned counsel for the petitioner also submitted

                   that the petitioner is not named in the FIR. Name of the
             Patna High Court CR. MISC. No.52554 of 2025(5) dt.05-02-2026
                                                         2/2




                       petitioner has transpired in this case on the basis of confessional

                       statement made by co-accused, namely, Danish Khan and the

                       same has got no evidentiary value. The petitioner has got no

                       criminal antecedent. Learned counsel for the petitioner further

                       submits that other co-accused has been granted regular bail by

                       this Court vide order dated 09.04.2025 passed in Cr. Misc. No.

                       19638 of 2025.

                                    5. Learned APP for the State has vehemently opposed

                       the prayer for grant of bail to the petitioner.

                                    6. Considering the aforesaid facts and circumstances,

                       let the petitioner, above named in the event of arrest/surrender

                       before the learned Court below within a period of six weeks

                       from today, be released on anticipatory bail on furnishing bail

                       bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

                       sureties of the like amount each to the satisfaction of Court

                       below/concerned Court in connection with Palasi P.S. Case No.

                       10 of 2025, subject to the conditions as laid down under Section

                       482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T

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