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Patna High Court

Awdhesh Rajbanshi @ Abhay RajversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

Bail was granted to the petitioner subject to a bond and conditions under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

Summary

The petitioner, Awdhesh Rajbanshi, sought bail fearing arrest in a case (Kadirganj PS Case No. 231 of 2025) involving alleged assault and the alleged snatching of Rs. 1,62,000. The prosecution alleged that the petitioner and co‑accused surrounded an informant's vehicle, assaulted the informant and his cousin, and stole the cash. The petitioner’s counsel contended that the theft allegation was fabricated, highlighted the petitioner’s clean antecedents, and offered full cooperation with the court. The State opposed bail, emphasizing the grievous injuries to the informant and the specific charge of large‑scale cash snatching. After weighing the limited nature of the accusation, the petitioner’s fair antecedent, and his undertaking, the court granted bail subject to a bond of Rs. 20,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

Issues considered

  • Whether bail should be granted to the petitioner in a case involving offences under Sections 191(2), 191(3), 190, 126(2), 115(2), 118(1), 109, 303(2), 352 of the Bharatiya Nagrik Suraksha Sanhita.
  • Whether the allegations of snatching Rs. 1,62,000 constitute a sufficient ground to deny bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • assault
  • robbery
  • Section 191
  • Section 190
  • Section 126
  • Section 115
  • Section 118
  • Section 109
  • Section 303
  • Section 352
  • Bharatiya Nagrik Suraksha Sanhita
  • fair antecedent
  • surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84957 of 2025
                     Arising Out of PS. Case No.-231 Year-2025 Thana- Kadirganj P.S. District- Nawada
                 ======================================================
                 Awdhesh Rajbanshi @ Abhay Raj S/O Chandesar Ram R/O Village- Khargu
                 Bigha, P.S- Kadirganj, P.S- Roh, Distt.- Nawada.
                                                                         ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Pramod Kumar Verma, Adv.
                 For the Opposite Party/s :        Mr.Anuj Kumar Shrivastava, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

2   07-01-2026                  Heard the parties.

                                2. The petitioner apprehends his arrest in connection

                   with Kadirganj P.S. Case No. 231 of 2025, registered for the

                   offences punishable under Sections 191(2), 191(3), 190, 126(2),

                   115(2), 118(1), 109, 303(2), 352 of the BNS.

                                3. In the night of the fateful day, while the informant

                   along with his cousin had gone to bring fish spawn, in the

                   meanwhile, all the FIR named accused persons, including the

                   petitioner, armed with lathi, danda and iron rod surrounded the

                   vehicle of the informant and started assaulting them. It is

                   specifically alleged that this petitioner has snatched Rs.

                   1,62,000/- from the pocket of the cousin of the informant and

                   succeeded in fleeing away, besides further allegation against

                   other accused persons of causing assault and snatching other

                   valuables.
Patna High Court CR. MISC. No.84957 of 2025(2) dt.07-01-2026
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                       4. Learned Advocate for the petitioner submitted that

          the allegation of snatching of Rs. 1,62,000/- is out and out a

          concocted story. Moreover, the story of the prosecution that the

          informant's cousin was moving with the cash of Rs. 1,62,000/-

          in his pocket in the night of the fateful day does not inspire

          confidence. So far the injury which has sustained to the

          informant and others that has not been attributed to the

          petitioner. The petitioner is man of fair antecedent and he

          undertakes that he will fully cooperate in the proceeding of the

          court.

                       5. On the other hand, learned Advocate for the State

          vehemently opposed the bail application and submitted that the

          informant has sustained grievous injury, besides there is specific

          accusation against the petitioner of snatching huge cash amount.

                       6. Having considered the submissions advanced by

          the learned Advocates for the respective parties and taking note

          of    the limited nature of accusation, coupled with the fair

          antecedent of the petitioner as also his undertaking before this

          Court, let the petitioner abovenamed be released on bail, in the

          event of his arrest or surrender before the court below within a

          period of four weeks from the date of receipt/production of a copy

          of this order, upon furnishing bail bonds of Rs.20,000/- (twenty
           Patna High Court CR. MISC. No.84957 of 2025(2) dt.07-01-2026
                                                       3/3




                     thousand) with two sureties of the like amount each to the

                     satisfaction of the learned Chief Judicial Magistrate, Nawada in

                     connection with Kadirganj P.S. Case No. 231 of 2025, subject to

                     the conditions laid down in Section 482(2) of the Bharatiya

                     Nagrik Suraksha Sanhita, 2023, with the further condition that

                     one of the bailors shall be the own/close family members of the

                     petitioner.



                                                 (Harish Kumar, J)
Anjani/-

U      T


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