Patna High Court
Chhotu Kumar Rai @ Sanjiv Kumar Rai @ Chhotu RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 41A, 482(2)
- Indian Penal Code — s. 308, 323, 34, 341, 354A, 504, 506
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
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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
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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
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under Section 482 (2) of the BNSS.
(Satyavrat Verma, J)
Sumit/-
U T
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