Patna High Court
Rahul Singh @ Rahul kr. Singh @ Rahul Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The petitioner is entitled to anticipatory bail as there is no specific allegation against him and he possesses a clean antecedent.
Summary
The petitioner, Rahul Singh, was implicated in a police case (Katihar G.R. P.S. Case No. 118 of 2024) for alleged assault on two constables while they inspected a pantry car. The prosecution’s case rests solely on the confessional statement of a co‑accused, with no specific allegation against the petitioner in the FIR. The petitioner argued that the incident arose from police forcibly taking food from the pantry car and that he was being threatened with a false case. The Additional Public Prosecutor opposed anticipatory bail but did not dispute the lack of direct allegations. The Court, noting the petitioner’s clean antecedent and the absence of specific incriminating material, granted anticipatory bail subject to a bond and sureties, invoking Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail can be granted when the petitioner is implicated solely on the basis of a co‑accused’s confessional statement and the FIR lacks specific allegations against him
- Whether the petitioner’s clean antecedent and lack of direct evidence justify the exercise of inherent powers under Section 482(2) of the B.N.S.S. to release him on bail
Legislation cited
- B.N.S.S. — s. 482
- Indian Penal Code — s. 323, 34, 341, 353, 504, 506
Subjects
- anticipatory bail
- confessional statement
- false implication
- clean antecedent
- Section 482
- Indian Penal Code
- police assault
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56108 of 2025
Arising Out of PS. Case No.-118 Year-2024 Thana- KATIHAR GRP CASE District- Katihar
======================================================
Rahul Singh @ Rahul kr. Singh @ Rahul Kumar Singh son of Ashok Singh
Village- Jurawanpur (Karari), Ps- Jurawanpur, District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anil Kumar Singh, Adv.
For the Opposite Party/s : Ms. Sucheta Yadav, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
4 21-01-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection
with Katihar G.R. P.S. Case No. 118 of 2024 dated 27.04.2024
registered for the offences punishable under Section/s 341, 323,
353, 504, 506, 34 of the I.P.C.
3. As per the prosecution case, the accusation against the
petitioner is of assaulting two police constables, while the team
was inspecting the pantry car.
4. Learned counsel for the petitioner submits that merely
because the petitioner is said to be the Manager of the pantry car
of Mahananda Express, the police officials of GRP police
station, Katihar is said to have implicated the petitioner on the
Patna High Court CR. MISC. No.56108 of 2025(4) dt.21-01-2026
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basis of the confessional statement of the co-accused Saddam,
while there is nothing incriminating to find his complicity in the
commission of alleged offence.
5. It is the case of the petitioner that the incident is said to
have taken place owing to forcible taking food from the pantry
car by the police officials without making payment for the same
and, on demand of money, they are said to have been threaten to
implicate in a false case.
6. Learned APP for the State opposes the prayer for
anticipatory bail application but, does not dispute the fact with
regard to there being no specific allegation in the F.I.R., while
the name of the petitioner is said to have been transpired in this
case on the basis of confessional statement of co-accused.
7. Be that as it may, considering the fact that there is
nothing specific against the petitioner and is a person of clean
antecedent, let the petitioner, above named, be released on
anticipatory 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/- (rupees ten thousand) with
two sureties of the like amount each to the satisfaction of
learned Additional Chief Judicial Magistrate, Rail (Rly), Katihar
in connection with Katihar G.R. P.S. Case No. 118 of 2024,
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subject to the condition as laid down under Section 482(2) of
the B.N.S.S.
(Ajit Kumar, J)
rishi/-
U T
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