Patna High Court

Raj Kumar Sah @ Rajkumar SahversusThe State of Bihar

Decided: 5 January 2026
Disposal: ALLOWED
Bench: SUNIL DUTTA MISHRA

Holding

Anticipatory bail may be granted where the petitioner is likely to be arrested, provided the conditions of Section 482(2) of the CrPC are satisfied.

Summary

The petitioner, Raj Kumar Sah, applied for anticipatory bail fearing arrest in a case (Kesariya P.S. No.271 of 2024) that alleged his involvement in a robbery and assault on an informant. The prosecution alleged that the petitioner snatched Rs.35,000 in cash while co‑accused assaulted the informant, invoking several sections of the Indian Penal Code. The petitioner contended that he was falsely implicated as retaliation for a separate case he had filed and asserted no prior criminal record, offering cooperation with the investigation. The State opposed the bail, arguing the seriousness of the offences. After considering the facts, the court ordered that the petitioner be released on bail, subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the CrPC, should he be arrested or surrender within six weeks.

Issues considered

Whether the petitioner is entitled to anticipatory bail under the provisions of the Code of Criminal Procedure despite the serious nature of the alleged offences.
Whether the allegations under Sections 189, 126, 115, 118, 109, 352 and 351 of the Indian Penal Code justify denial of bail.

Legislation cited

Code of Criminal Procedure, 1973 — s. 482
Indian Penal Code — s. 109, 115, 118, 126, 189, 351, 352

Subjects

anticipatory bail
Criminal Procedure Code
Indian Penal Code
theft
assault
bail conditions
Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.79365 of 2025
                   Arising Out of PS. Case No.-271 Year-2024 Thana- KESARIA District- East Champaran
                 ======================================================
                 Raj Kumar Sah @ Rajkumar Sah Son of Virendra Sah Resident of Vill.-
                 Dilawarpur, Teliya Tola, P.S.- Kesariya, District - East Champaran, Bihar
                                                                                  ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                           ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sanjay Kumar Tiwari, Advocate
                 For the Opposite Party/s :       Mr. Shailendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   05-01-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Kesariya P.S. Case No. 271 of 2024 instituted under

                   Sections 189(2), 126(2), 115(2), 118(1), 109, 352 and 351(1) of

                   the BNS.

                                3. As per the prosecution case, when the informant

                   was returning to home, the accused persons including the

                   petitioner surrounded him and started abusing him. Co-accused

                   Vinod Sah gave blow of sharp khukhari upon the head of the

                   informant due to which he sustained injury on his head.

                   Allegation against the petitioner is that he snatched cash of Rs.

                   35,000/- from the pocket of the informant and accused Rabindra

                   Sah snatched hanumani made of gold from the informant.

                                4. Learned counsel for the petitioner submits that
           Patna High Court CR. MISC. No.79365 of 2025(2) dt.05-01-2026
                                                       2/2




                     petitioner is innocent and has been falsely implicated in this

                     case as a counterblast against Kesariya P.S. Case No. 264 of

                     2025 filed by the petitioner. He further submits that both the

                     parties are co-villagers and the allegation of snatching cash

                     against the petitioner is an afterthought. He further submits that

                     petitioner has no criminal antecedent and he undertakes to

                     cooperate in the investigation and 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 upon furnishing

                     bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two

                     sureties of the like amount to each to the satisfaction of the

                     learned     Sessions      Judge,        East   Champaran,   Motihari   in

                     connection with Kesariya P.S. Case No. 271 of 2024, subject to

                     the conditions laid down in Section 482(2) of the BNSS.



                                             (Sunil Dutta Mishra, J)
AjayMishra/-

U      T

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