Patna High Court
Malkit Kumar @ Malkit RajwanshiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court granted anticipatory bail to the petitioner subject to bond and sureties, under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioner, Malkit Kumar, sought anticipatory bail after being implicated in a case alleging robbery, theft, and molestation under several sections of the Bharatiya Nagarik Suraksha Sanhita (B.N.S.). The prosecution alleged that the petitioner, along with two others, entered the informant's house and committed the offences. The petitioner contended that he was falsely implicated due to village politics and that no material evidence was recovered from him or the other accused. The State opposed the bail, arguing the seriousness of the charges. Considering the lack of evidence, the petitioner's clean record, and his willingness to cooperate, the court granted anticipatory bail subject to a bond of Rs.10,000 and two sureties, with conditions under Section 482(2) of the B.N.S.
Issues considered
- Whether anticipatory bail is appropriate in a case involving alleged robbery, theft, and molestation under the B.N.S.
- Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses
- Whether the allegations are based solely on suspicion without material evidence
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 305, 317(2), 324(4), 329(4), 3(5), 482(2), 74
Subjects
- anticipatory bail
- criminal law
- false implication
- village politics
- B.N.S. sections
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77572 of 2025
Arising Out of PS. Case No.-473 Year-2024 Thana- PALIGANJ District- Patna
======================================================
Malkit Kumar @ Malkit Rajwanshi Son of Tej Narayan Rajwar @ Chet
Narayan Rajwanshi, Resident of Village-Ranipur, P.S.- Paligfanj, District-
Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Akash Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in a case instituted
under Sections 329(4), 74, 305, 324(4) and 3(5) of the B.N.S.
and later on Section 317(2) of the B.N.S. was added.
3. As per prosecution case, on the alleged date of
occurrence, three accused persons including petitioner entered
the house of informant, who is Asha Worker, looted ornament,
cash, mobile and molested her.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in this
case due to village politics and on the basis of suspicion only.
The petitioner had earlier complained against the informant,
Patna High Court CR. MISC. No.77572 of 2025(3) dt.11-02-2026
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who is Asha Worker, and due to the said reason, the petitioner
has been implicated in the present case. Nothing has been
recovered from possession of the petitioner or from other
accused persons. Petitioner is a young boy aged about 24 years
having no criminal antecedent. The petitioner undertakes to
cooperate in the investigation and the trial.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the facts and circumstances of the case and
submissions of learned counsel for the parties, in the event of
arrest or surrender before the Court below within six weeks
from today, the petitioner be released on bail on furnishing bail
bond of Rs.10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Sub-Divisional
Judicial Magistrate, Danapur, Patna in connection with Paliganj
P.S. Case No.473 of 2024 subject to the conditions as laid down
under Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
(Sunil Dutta Mishra, J)
Harish/-
U T
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