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Patna High Court

Rupesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
Patna High Court CR. MISC. No.78239 of 2025(2) dt.16-02-2026
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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
               Patna High Court CR. MISC. No.78239 of 2025(2) dt.16-02-2026
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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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