Patna High Court
Rahul Sah @ Rahul Kumar SahversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court held that anticipatory bail is to be granted subject to the conditions prescribed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
Petitioner Rahul Sah was implicated in a robbery of an informant’s motorcycle, alleged to have participated with three others in snatching the vehicle and threatening the victim with a pistol. The petitioner claims he was not present at the scene, no incriminating material was recovered from him, and that the only suspicion stems from an unknown co‑villager. He has one prior criminal antecedent but is willing to cooperate with the investigation. The State opposed his prayer for anticipatory bail under Section 309(4) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Considering the lack of material evidence and the petitioner’s cooperation, the Court granted anticipatory bail, directing a bond of Rs.10,000 with two sureties and subjecting the bail to the conditions of Section 482(2) of the same Act.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 309(4) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Whether the prosecution’s evidence is sufficient to deny anticipatory bail.
- Whether the petitioner’s prior criminal antecedent precludes the grant of anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 309(4), 482(2)
Subjects
- anticipatory bail
- robbery
- motorcycle theft
- Section 309
- Section 482
- bail conditions
- criminal antecedent
- Indian criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85224 of 2025
Arising Out of PS. Case No.-381 Year-2025 Thana- MAHARAJGANJ District- Siwan
======================================================
Rahul Sah @ Rahul Kumar Sah Son of Shailesh Sah Resident of Village-
Mahuwari, P.S.- Maharajganju, Distt.- Siwan.
... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Kumari Anupam, Advocate.
For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 06-01-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Maharajganj P.S. Case No.381 of 2025 instituted under
Section 309(4) of the B.N.S., 2023.
3. As per the prosecution case, when the informant was
going to Maharajganj by his motorcycle, four accused persons
including the petitioner riding on two motorcycles came and
snatched the informant’s motorcycle and when the informant
opposed, they put pistol on him and robbed his motorcycle.
Subsequent to the information to the police, the police arrived at
the place of occurrence and chased the accused persons,
consequently, the accused persons fled away leaving behind the
motorcycle of the informant.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has been falsely implicated in this case
Patna High Court CR. MISC. No.85224 of 2025(2) dt.06-01-2026
2/2
with ulterior motive. He further submits that neither the petitioner
was not present on the spot nor any incriminating material has
been recovered from the conscious possession of petitioner.
Learned counsel submits that except the suspicion made by the
unknown co-villager, there is no material against the petitioner.
He further submits that petitioner has one criminal antecedent and
he undertakes to cooperate in the investigation and trial of the
case.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the facts and circumstances of the case
and submissions of learned counsel for the parties, in the event of
arrest or surrender before the Court below within six weeks from
today, the petitioner be released on bail upon furnishing bail
bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of
the like amount to each to the satisfaction of the learned
A.C.J.M.-II, Siwan in connection with Maharajganj P.S. Case
No.381 of 2025, subject to the conditions laid down in Section
482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Sunil Dutta Mishra, J)
Ritik/-
U T
Checking your session…