Patna High Court
Rupesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to the petitioner, subject to bond, sureties, and conditions under Section 482(2) of the B.N.S.S.
Summary
Petitioner Rupesh Kumar, a data entry operator, feared arrest in a case registered under several sections of the B.N.S., 2023, stemming from a complaint about a fake driving licence. He alleged that the informant falsely implicated him and that he was not afforded an opportunity to explain himself during the ADM's inquiry, which led to the FIR. The petitioner highlighted his clean antecedent and willingness to cooperate with the investigation, noting that similar anticipatory bail applications by other accused had been granted. The State opposed the bail. The Court, after considering the submissions, granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and compliance with Section 482(2) of the B.N.S.S., with a provision that the trial court may cancel bail if he fails to cooperate.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances.
- Whether the petitioner was denied a fair opportunity to explain himself before the FIR was lodged.
- Whether the conditions imposed under Section 482(2) of the B.N.S.S. are appropriate.
Legislation cited
Subjects
- anticipatory bail
- false implication
- FIR
- Section 482
- bail conditions
- investigation cooperation
- data entry operator
- fake driving licence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78239 of 2025
Arising Out of PS. Case No.-32 Year-2025 Thana- LAHERIYASARAI District- Darbhanga
======================================================
Rupesh Kumar S/O Pradeep Paswan R/O Vill.- Madhuban, P.O.- Chopra Ram
Nagar, P.S.- Madhuban, Dist.- Purnia, Bihar, PIN-85410
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aditya Raj, Advocate
For the Opposite Party/s : Mr. Md. Ataur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 16-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offences punishable under Sections 338, 336(2), 319(2),
318(2) and 3(5) of B.N.S., 2023.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and the informant
alleges that Rashid Khan, an Advocate, filed a complaint
regarding issuance of fake driving licence. In pursuance
whereof, the A.D.M. held an inquiry and submitted a report to
the District Magistrate, Darbhanga with a request to initiate
action against the accused persons including the petitioner.
Further, the Joint Secretary, Department of Transport, in view of
the report of the A.D.M., requested the District Magistrate to
Patna High Court CR. MISC. No.78239 of 2025(2) dt.16-02-2026
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institute an FIR against the accused persons including the
petitioner, in pursuance whereof, the instant FIR was instituted.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant. It is next submitted that during the course of inquiry,
the petitioner was not given any opportunity to explain his side
of the case. It is further submitted that had an opportunity be
given to the petitioner to explain his side of the case, perhaps,
the petitioner would not have been implicated in the instant FIR
mechanically based on an inquiry conducted behind his back. It
is further submitted that petitioner is working as a Data Entry
Operator with the D.T.O. Office, Darbhanga. It is next submitted
that the nature of work assigned to a Data Entry Operator is that
he simply enters the data in the computer after the same is
received from the Programmer after obtaining the same from the
Head Clerk after due approval of the Additional D.T.O. It is
further submitted that petitioner is not a government servant
rather is an out sourced Data Entry Operator from BELTRON. It
is also submitted that the D.T.O., Shashi Shekharam had
approached this Court seeking anticipatory bail by filing
Criminal Miscellaneous No.41079 of 2025 and the same came
to be allowed by an order dated 04.09.2025. Thereafter the
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Programmer, Vikramjeet Pratap also filed Criminal
Miscellaneous No.65453 of 2025 and the same came to be
allowed by an order dated 17.09.2025 passed by a Coordinate
Bench of this Court. It is next submitted that petitioner will not
abscond rather will cooperate in the investigation to prove his
innocence.
5. Learned APP opposes the anticipatory bail
application.
6. Considering the submissions made by the learned
counsel for the petitioner, let petitioner, above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on bail 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 Chief Judicial
Magistrate, Darbhanga in connection with Laheriasarai P.S.
Case No.32 of 2025, subject to the conditions as laid down
under Section 482(2) of the B.N.S.S.
7. However, it is made clear that in the event, if any
application is filed by the Investigating Officer before the
learned Trial Court bringing to its notice that petitioner, despite
giving assurance to this Court, is not cooperating in the
investigation, the learned Trial Court shall be at liberty to cancel
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the bail bond of the petitioner after recording reasons.
8. Let a copy of this order be sent to the concerned
police station through the learned court below.
(Satyavrat Verma, J)
Sanjay/-
U T
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