Patna High Court
Karan MalikversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioner, Karan Malik, sought bail after being implicated in a FIR alleging his participation in an organized gang that snatched mobile phones at knife point, with the accusation based on a confessional statement of a co‑accused who had a personal enmity. He contended his innocence, asserted a clean antecedent, and argued that no incriminating material was recovered from him. The State opposed the bail application. The Court considered the petitioner’s clean record, the lack of physical evidence, and the circumstances of the case, and applied Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. It ordered that bail be granted upon furnishing a bond of Rs.10,000 with two sureties, subject to the conditions of the said provision. The bail petition was therefore disposed in favour of the petitioner.
Issues considered
- Whether bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 despite the FIR alleging offences under sections 111(2)(b), 307 and (5) of the BNS.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Subjects
- bail
- criminal procedure
- organized gang
- confessional statement
- clean antecedent
- section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5347 of 2026
Arising Out of PS. Case No.-475 Year-2025 Thana- BETTIAH CITY District- West
Champaran
======================================================
Karan Malik Son of Manoj Malik Resident of Vill. Naurangabagh, Jag Jiwan
Nagar, Dom Toli, P.S.- Bettiah Town, Dist.- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar , Advocate
For the Opposite Party/s : Mr. Raj Ballabh Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and the
State .
2. Petitioner apprehends his arrest in a case registered for
the offence punishable under sections 111 ( 2 ) ( b ), 307 and (5) of
BNS.
3 . As per F.I.R. allegation is that this petitioner being
member of organized gang, along with 5 – 6 persons forcibly
snatched mobile phones from 3 persons on the point of knife
and also threatened them with dire consequences.
4. It is submitted on behalf of the petitioners that
petitioner is innocent and has committed no offence as alleged.
The name of the petitioner transpired on the confessional
statement of co-accused Golu Kumar who had inimical terms
with this petitioner. Petitioner has got no concern with the
Patna High Court CR. MISC. No.5347 of 2026(2) dt.28-01-2026
2/2
alleged occurrence . No incriminating article has been recovered
from the possession of this petitioner. Petitioner claims clean
antecedent.
5 . Learned counsel for the State opposed the bail
petition .
6 Considering the aforesaid facts, clean antecedent of
the petitioner and other circumstances of the case , in the event
of arrest or surrender within eight weeks from today, let the
petitioner, as named above, be enlarged on bail on furnishing
bail bond of Rs.10,000/-(ten thousand) with two sureties of the
like amount each to the satisfaction of the learned CJM Bettiah
West Champaran in connection with Bettiah Town P.S. Case No.
475 of 2025 , subject to the conditions laid down under section
482(2) of the Bharatiya Nagarik Suraksha Sanhita , 2023 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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