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Patna High Court

Chhotu Kumar Rai @ Sanjiv Kumar Rai @ Chhotu RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that anticipatory bail may be granted where the investigation was conducted under Section 41A CrPC without arrest and the accused cooperated, even if cognizance is taken after the charge‑sheet.

Summary

The petitioners, five individuals from Manihari, sought anticipatory bail fearing arrest in a case registered under Sections 341, 323, 354A, 308, 504, 506 and 34 of the IPC. They argued that the police had investigated the matter under Section 41A of the CrPC without arresting them, and only after the charge‑sheet was filed did the court take cognizance. The State opposed the bail. The Court considered that the investigation proceeded without arrest, the petitioners cooperated, and the offences carried a maximum punishment of seven years, which does not bar anticipatory bail. Accordingly, the Court granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the BNSS. The order was pronounced by Justice Satyavrat Verma.

Issues considered

  • Whether anticipatory bail can be granted when cognizance is taken after the charge‑sheet and the accused were not arrested during investigation.
  • Whether the nature of the offences (punishment up to seven years) precludes anticipatory bail.
  • Whether the privilege granted under Section 41A CrPC during investigation bars subsequent arrest and justifies anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 41A CrPC
  • cognizance
  • charge-sheet
  • IPC offences
  • bail conditions
  • Section 482 BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.79681 of 2025
                       Arising Out of PS. Case No.-70 Year-2021 Thana- MANIHARI District- Katihar
                 ======================================================
           1.     Chhotu Kumar Rai @ Sanjiv Kumar Rai @ Chhotu Rai S/o Shankar Rai R/o
                  High School Tola, Manihari, PS- Manihari, Distt- Katihar
           2.    Raja Singh @ Raj Ranjan Singh S/o Nikhil Singh @ Sunil Singh R/o High
                 School Tola, Manihari, PS- Manihari, Distt- Katihar
           3.    Vicky Rai @ Avinash Kumar Rai @ Avinash Kumar S/o Shankar Rai R/o
                 High School Tola, Manihari, PS- Manihari, Distt- Katihar
           4.    Rahul Rai @ Rahul Kumar Rai @ Rahul Kumar S/o Dukhu Rai @ Rajendra
                 Rai R/o High School Tola, Manihari, PS- Manihari, Distt- Katihar
           5.    Manish Rai @ Manish Kumar S/o Prakash Rai R/o High School Tola,
                 Manihari, PS- Manihari, Distt- Katihar

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Sanjeev Kumar Singh
                 For the Opposite Party/s :        Ms.Pushpa Sinha
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   06-01-2026               1.    Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                             2.    The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Sections 341, 323,

                   354A, 308, 504, 506 and 34 of the IPC.

                             3.    Learned counsel for the petitioners submits that the

                   offences for which the instant FIR was instituted, carries

                   punishment of seven years and less. It is next submitted that

                   police, during the course of investigation, had given privilege of
Patna High Court CR. MISC. No.79681 of 2025(2) dt.06-01-2026
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          Section 41A Cr.P.C to the petitioners and after investigation

          charge-sheet came to be submitted. It is further submitted that

          petitioners cooperated with the police during the course of

          investigation as such police never felt the need of arresting the

          petitioners. It is submitted that after charge-sheet was submitted,

          cognizance came to be taken, as such petitioners apprehend their

          arrest, it is thus submitted that when police during the course of

          investigation never felt the need of arresting the petitioner,

          whether it would be prudent for the court to send the petitioner

          to jail based on an order of cognizance which came to be taken

          after charge-sheet was submitted.

                   4.     Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioners.

                   5.     Considering the submissions made by the learned

          counsel for the petitioners, the petitioners above-named, in the

          event of their arrest or surrender before the learned trial court

          within a period of six weeks from today, be released on

          anticipatory bail on furnishing bail bonds of Rs. 10,000/-

          (Rupees Ten Thousand) each with two sureties of the like

          amount each to the satisfaction of the learned trial court where

          the case is pending/successor court in connection with Manihari

          P.S. Case No. 70 of 2021, subject to the conditions as laid down
              Patna High Court CR. MISC. No.79681 of 2025(2) dt.06-01-2026
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                        under Section 482 (2) of the BNSS.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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