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Patna High Court

Rahul Sah @ Rahul Kumar SahversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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


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