Patna High Court
Awdhesh Rajbanshi @ Abhay RajversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
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
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
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
2/3
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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