Patna High Court
ANISH RAJ @ ANISH THAKUR @ ANISH KUMAR @ ANISH RAJ ANISH THAKURversusTHE STATE OF BIHAR
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted subject to conditions, as the petitioner was not named in the FIR, no evidence was recovered, and no TIP was conducted.
Summary
The petitioner, Anish Raj, was arrested on 3 August 2024 in connection with a theft case (PS Bettiah Town Case No. 251 of 2024) alleged under Sections 356 and 379 of the Indian Penal Code. The FIR does not name him; his alleged involvement stems solely from a self‑confessional statement recorded in a separate case. No material was recovered from his possession and the prosecution has not conducted any technical investigation (TIP). The petitioner, who has eighteen other criminal cases pending (three of which are already on bail), argued that he is innocent and that the lack of direct evidence warrants his release. The court, after considering the absence of his name in the FIR, the lack of TIP, and the fact that no evidence was found in his possession, granted bail on a Rs.10,000 bond with two sureties and imposed conditions regarding trial cooperation, non‑tampering with evidence, and verification of criminal antecedents.
Issues considered
- Whether bail should be granted when the accused is not named in the FIR and is implicated solely on the basis of a self‑confessional statement.
- Whether the existence of multiple pending criminal cases bars the grant of bail in the present case.
- Whether the absence of any recovered material and lack of technical investigation (TIP) justify bail.
Legislation cited
- Indian Penal Code — s. 356, 379
Subjects
- bail
- Indian Penal Code
- Section 356
- Section 379
- self‑confessional statement
- pending criminal cases
- no recovery of evidence
- West Champaran
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81155 of 2025
Arising Out of PS. Case No.-251 Year-2024 Thana- BETTIAH CITY District- West
Champaran
======================================================
Anish Raj @ Anish Thakur @ Anish Kumar @ Anish Raj Anish Thakur S/O
Dinesh Thakur R/O Village- Sahsaraw, Police Station- Bhairoganj District-
West Champaran
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sarvesh Kashyap, Advocate
For the State : Mr. Arun Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 27-01-2026 Heard Mr. Sarvesh Kashyap, learned counsel for the
petitioner and Mr. Arun Kumar Pandey, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
03.08.2024, in connection with Bettiah Town P.S. Case No. 251 of
2024, F.I.R. dated 07.06.2024 registered for the offences
punishable under Sections 356 and 379 of the Indian Penal Code.
3. The F.I.R. of the occurrence of loot is against
unknown.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
present case. He further submits that the petitioner is not named in
the F.I.R. and the name of the petitioner has been transpired on the
basis of self confessional statement of the petitioner which was
Patna High Court CR. MISC. No.81155 of 2025(3) dt.27-01-2026
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recorded in Harsidhi P.S. Case No. 429 of 2024 and thereafter the
petitioner has been implicated in a number of cases. It appears
from the record of the case that nothing has been recovered from
the conscious possession or the house of the petitioner and
petitioner has been remanded in the present case on 03.08.2024.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the petitioner
and submits that the petitioner carries eighteen more cases other
than the present one but fairly submits on the basis of paragraph-3
of the bail petition that out of eighteen cases, the petitioner is on
bail in three cases and the rest cases are pending for consideration
before the competent court of law.
6. Considering the facts and circumstances of the case
and the fact that the petitioner is not named in the F.I.R. and the
name of the petitioner has been transpired on the basis of self
confessional statement of the petitioner and till date no TIP was
conducted by the prosecution as well as period of custody, let the
petitioner, above named, 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 learned C.J.M.,
Bettiah, West Champaran in connection with Bettiah Town P.S.
Case No. 251 of 2024, subject to the following conditions :-
(1) Petitioner shall co-operate in the trial and shall be
Patna High Court CR. MISC. No.81155 of 2025(3) dt.27-01-2026
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properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and on
his absence on two consecutive dates without sufficient reason, his
bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move for
cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at any
stage, it is found that the petitioner has concealed his criminal
antecedents, the court below shall take step for cancellation of bail
bond of the petitioner. However, the acceptance of bail bonds in
terms of the above-mentioned order shall not be delayed for
purpose of or in the name of verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
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