Patna High Court
Anish Raj @ Anish ThakurversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court granted regular bail to the petitioner.
Summary
The petitioner, Anish Raj, was implicated in a case registered under Section 304 of the Bharatiya Nyaya Sanhita, 2023, alleging that he participated in the robbery of cash amounting to Rs.82,900. He contended that the FIR was filed against unknown persons and that his inclusion was a false implication based on a confessional statement made in another case, noting that no incriminating material was recovered from him and he had not been produced for a T.I. parade despite being in custody since 2 September 2025. The State opposed his application for regular bail. The Court examined the FIR, the investigation material, the fact that a chargesheet had been filed, and the duration of his custody. Considering these factors, the Court ordered that the petitioner be released on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties of equal amount, subject to the satisfaction of the Additional Chief Judicial Magistrate‑I, Bagaha. The bail was granted to the petitioner.
Issues considered
- Whether the petitioner is entitled to regular bail under Section 304 of the Bharatiya Nyaya Sanhita, 2023, given the chargesheet and his period of custody.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 304
Subjects
- regular bail
- Section 304
- Bharatiya Nyaya Sanhita
- false implication
- chargesheet
- custody
- West Champaran
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6264 of 2026
Arising Out of PS. Case No.-179 Year-2024 Thana- BAGHA District- West Champaran
======================================================
Anish Raj @ Anish Thakur S/O Dinesh Thakur R/O Village - Sahasraw,
Police station- Bhairoganj, District- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brij Kishor Mishra, Advocate
For the Opposite Party/s : Mr. Ram Anurag Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 04-02-2026 Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Bagaha P.S. Case no.
179 of 2024 registered under section 304 of the Bharatiya
Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant states
that while he along with one another were returning on a
motorcycle after having collected a total amount of Rs.82,900/-,
two accused persons asked them to stop their motorcycle and
having snatched the bag containing the cash, escaped.
4. Learned counsel for the petitioner submits that the FIR
was registered against unknown. The petitioner was falsely
implicated in the case in course of investigation on the basis of a
confessional statement of the petitioner made before police in one
Patna High Court CR. MISC. No.6264 of 2026(2) dt.04-02-2026
2/2
another case. The cause of false implication of the petitioner are his
antecedents. Neither any incriminating article has been recovered
from the petitioner’s possession nor has the petitioner been put on
T.I. parade inspite of being in custody since 2.9.2025. Chargesheet
has been submitted in the case.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations in the FIR, the material
that has transpired in course of investigation as is evident from
the order of the learned trial Court, the petitioner being in
custody since 2.9.2025 and chargesheet having been submitted
in the case, the Court directs the petitioner to be enlarged on bail in
connection with Bagaha P.S. Case no. 179 of 2024 on furnishing bail
bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned Additional Chief
Judicial Magistrate-I, Bagaha, West Champaran.
(Partha Sarthy, J)
sauravkrsinha/-
U T
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