Rakesh Kumar Rai @ Rakesh Rai Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Rakesh Kumar Rai @ Rakesh Rai Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to be released on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each upon arrest or surrender before the learned trial court within six weeks, subject to conditions under Section 482 (2) of the BNSS.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner, who apprehends arrest in connection with Chiraiya P.S. Case No. 26 of 2022 registered for offences punishable under Sections 413 and 414 of the Indian Penal Code.

Court's answer

In the event of the petitioner's arrest or surrender before the learned trial court within a period of six weeks from the date of the order, he shall be released on anticipatory bail.

Ratio / Principle

The anticipatory bail release is conditioned on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned trial court, and is subject to the conditions laid down under Section 482 (2) of the BNSS.

Detailed headnote1 paragraphs

PATNA HIGH COURT — CRIMINAL MISCELLANEOUS No.17979 of 2025 (order dt. 18-08-2025, Satyavrat Verma, J): Anticipatory bail ALLOWED to Rakesh Kumar Rai @ Rakesh Rai, who apprehended arrest in Chiraiya P.S. Case No. 26 of 2022 (District-East Champaran) registered for offences punishable under Sections 413 and 414 of the Indian Penal Code. Bail conditioned on the petitioner's arrest or surrender before the learned trial court within six weeks, furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the trial court, and subject to the conditions under Section 482 (2) of the BNSS. Counsel's submissions (not court findings) recorded in the order: petitioner of clean antecedent; not arrested from the spot and nothing recovered from his conscious possession; his name transpired only in the confessional statement of the apprehended accused made in police custody; parity urged with co-accused Amresh Kumar whose anticipatory bail (Cr. Misc No. 46960 of 2024) was allowed by a co-ordinate Bench by order dated 24-72024. Learned A.P.P. for the State opposed the prayer.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.17979 of 2025

Arising Out of PS. Case No.-26 Year-2022 Thana- CHIRAIYA District- East Champaran

======================================================

Rakesh Kumar Rai @ Rakesh Rai Son of Sharma Nand Rai Resident of Village - Mandilawa, P.S. - Chiraiya, District - East Champaran

... ... Petitioner/s

Versus

2 18-08-2025

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Abhishek Kumar, Adv Mr. Hemand Ray, Adv For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

... ... Opposite Party/s

1. Heard learned counsel for the petitioner and learned

A.P.P. for the State, Shri Chandra Bhushan Prasad.

2. The petitioner apprehends his arrest in a case registered

for the offences punishable under Sections 413 and 414 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that a miscreant with stolen motorcycle was apprehended, who disclosed his name as Praveen and further disclosed the name of the accused persons who fled as Amresh, Rakesh (petitioner), Basant and one resident of village-Mandilwa.

4. Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and his name transpired in

Patna High Court CR. MISC. No.17979 of 2025(2) dt.18-08-2025 2/2

the confessional statement of the apprehended accused in police custody, which does not have any evidentiary value. It is next submitted that similarly situated co-accused Amresh Kumar had approached this Court seeking anticipatory bail by filing Cr. Misc No. 46960 of 2024 and the same was allowed by an order dated 24-72024 passed by a learned co-ordinate Bench.

5. Learned A.P.P. for the State opposes, Shri Chandra Bhushan Prasad, the prayer for anticipatory bail of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Chiraiya P.S. Case No. 26 of 2022, subject to the conditions as laid down under Section 482 (2) of the BNSS.

(Satyavrat Verma, J)

Sumit/-

U T