Patna High Court
Raj Kumar @ Raj Kumar PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner subject to the conditions imposed under Section 438(2) CrPC and Section 482(2) B.N.S.S.
Summary
Raj Kumar, a proprietor of a godown in Patna, faced an FIR for alleged offences under Sections 285, 427 and 436 of the IPC after a fire broke out in his godown, damaging a neighbouring residence. He contended that the fire was accidental, no loss of life occurred, and the neighbour had not filed a complaint, asserting that he was implicated merely because he was a proprietor. The petitioner sought anticipatory bail, citing his clean antecedents and the fact that a co‑proprietor had previously been granted anticipatory bail in a similar case. The State opposed the bail on the ground of the seriousness of the offences. The Court, after considering the circumstances, granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 438(2) of the CrPC and Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted in a case involving alleged offences under Sections 285, 427 and 436 IPC.
- Whether the petitioner is likely to flee, tamper with evidence or influence witnesses.
- Whether the accidental nature of the fire and lack of complaint from the affected neighbour affect the bail decision.
Legislation cited
- Code of Criminal Procedure — s. 438, 482
- Indian Penal Code — s. 285, 427, 436
Subjects
- anticipatory bail
- fire accident
- IPC sections 285, 427, 436
- CrPC Section 438
- CrPC Section 482
- bail conditions
- property damage
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91707 of 2025
Arising Out of PS. Case No.-46 Year-2024 Thana- BYPASS District- Patna
======================================================
Raj Kumar @ Raj Kumar Prasad Son of Late Ram Chandra Saw Resident of
Bhoothnath Road, Near Vandana Enclave, Police Station - Agam Kuan,
District - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dharmesh Kumar
For the Opposite Party/s : Mr.Mithlesh Kumar Khare
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 20-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence under Sections 285, 427, 436 of the
Indian Penal Code.
3. As per F.I.R., due to unknown reasons, fire took
place in the godown of this petitioner where one drum of mobil
was kept. The incident of fire also caused damage to adjacent
residential building of Arun Kumar, situated near the godown
and thereafter, godown was sealed by the informant at the
instruction of superior officials and F.I.R. was lodged against
proprietor of godown.
Patna High Court CR. MISC. No.91707 of 2025(2) dt.20-01-2026
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4. Learned counsel for the petitioner submits that
petitioner has been made accused in this case only because he
happens to be one of the proprietor of the godown. As a matter
of fact, there was accidental fire in the godown, which did not
cause any loss of life, except damage to the adjacent building of
one Arun Kumar and damage to the petitioner himself, but said
Arun Kumar has not filed any complaint against petitioner. He
further submits that one of the proprietor, having similar and
identical allegation namely Pankaj Kumar, has already been
granted anticipatory bail by a coordinate Bench of this Court,
vide order dated 03.07.2024 passed in Cr.Misc. No. 37618 of
2024. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the aforesaid facts and circumstances,
in the event of arrest/surrender before the Court concerned
within a period of eight weeks from today, let the above named
petitioner be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Judicial Magistrate 1st Class,
Patna City (Patna) in connection with Bypass P.S. Case No. 46
of 2024, subject to condition as laid down under Section 438(2)
Patna High Court CR. MISC. No.91707 of 2025(2) dt.20-01-2026
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of the Cr.P.C. / Section 482(2) of the B.N.S.S.
(Prabhat Kumar Singh, J)
anay
U T
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