Allowed¶20

Rajan Kumar v. The State of Bihar

Patna HC23 Dec 2025CR. MISC./83016/2025

Case brief

AI extract

What is this about?

Patna High Court anticipatory bail granted 23-12-2025 in CR. MISC. No.83016 of 2025 (Rajan Kumar v. State of Bihar, Jitendra Kumar, J.): apprehended arrest in Samastipur Mufassil PS Case No.335 of 2025 under S.303(2) B.N.S. 2023 (stolen Scorpio BR-06-DX-8420); bail on Rs.10,000 bond with two like sureties within eight weeks of arrest/surrender; conditions under S.482(2) B.N.S.S. 2023 plus cancellation clauses for concealed antecedents or false prior-bail statement; APP had opposed.

What did the court decide?

Anticipatory bail: petitioner to be enlarged on bail on arrest or surrender within eight weeks, on bail bonds of Rs.10,000 with two sureties of the like amount each, subject to Section 482(2) B.N.S.S. 2023 conditions and two additional bond-cancellation conditions. ¶20

Rajan Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

¶20

Issue for consideration

Whether anticipatory bail should be granted to the petitioner, who apprehends arrest in Samastipur Mufassil PS Case No.335 of 2025 registered under Sections 303(2) of the B.N.S. 2023.

¶12

Court's answer

Petition allowed: the petitioner, apprehending arrest in Samastipur Mufassil PS Case No.335 of 2025, is directed to be enlarged on bail upon arrest or surrender before the court below within eight weeks, on furnishing bail bonds of Rs.10,000 with two sureties of the like amount each.

¶20

Ratio / Principle

The bail is made subject to the conditions laid down under Section 482(2) of the B.N.S.S., 2023 and to two further conditions permitting the court below to cancel the bail bonds.

¶22

Key takeaways

Cancellation condition: if the petitioner is found to have criminal antecedents other than the disclosed one, the court below shall cancel his bail bonds after hearing him and satisfying itself that he concealed known antecedents.ratio¶23

Detailed headnote1 paragraphs

Anticipatory bail ALLOWED (Patna High Court, Jitendra Kumar, J., oral order dated 23-12-2025) in Criminal Miscellaneous No.83016 of 2025: petitioner Rajan Kumar apprehended arrest in Samastipur Mufassil PS Case No.335 of 2025 (dated 08.08.2025), registered under Sections 303(2) of the B.N.S. 2023 over the alleged theft of the informant's Scorpio vehicle (BR-06-DX-8420). Counsel's submissions recorded: implication rests on co-accused Abhishek Kumar's confessional statement before the police (urged to have no evidentiary value); the vehicle statedly recovered from co-accused Lalit Jha; no incriminating material statedly recovered from the petitioner; no earlier anticipatory or regular bail motion in this case; petitioner accused in one other case. State's APP opposed the bail prayer. Court directed enlargement on bail upon arrest or surrender within eight weeks on a Rs.10,000 bond with two like sureties, subject to Section 482(2) of the B.N.S.S., 2023 conditions and two added conditions: bonds cancellable if undisclosed criminal antecedents surface (after hearing and satisfaction of concealment) or if the statement regarding a previous bail petition is found wrong.

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.83016 of 2025

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Arising Out of PS. Case No.-335 Year-2025 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur

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

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Rajan Kumar, Son of Satya Narayan Rai, aka Satynaryan Ray, R/o Ward no. - 09, Mohanpur, P.O. - Mohanpur, P.S. - Samastipur Muffasil, Samastipur, Bihar, 848101.

... ... Petitioner

Versus

The State of Bihar

... ... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Piyush Kumar Pandey, Advocate For the State : Mr. Upendra Kumar, APP ======================================================

¶9

CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER

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2 23-12-2025 Heard learned counsel for the petitioner and learned

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APP for the State.

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The present petition has been filed on behalf of the petitioner, apprehending his arrest, in connection with Samastipur Mufassil PS. Case No.335 of 2025, dated08.08.2025, registered for the offences punishable under Sections 303(2) of the B.N.S. 2023.

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As per allegation, one Scorpio vehicle bearing registration No.BR-06-DX-8420 of the Informant was stolen.

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Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that the FIR was lodged against unknown persons. During the course of investigation, one co-

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Patna High Court CR. MISC. No.83016 of 2025(2) dt.23-12-2025 2/3

¶16

accused, Abhishek Kumar was arrested, who, in his confessional statement before the police disclosed the name of the Petitioner, which has no evidentiary value. He further submits that no incriminating material has been recovered from the possession of the Petitioner. He also submits that the vehicle in question has been recovered from the co-accused, Lalit Jha.

¶17

It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.

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It has further been stated in paragraph no.3 of the petition that the petitioner has been made accused in one other case.

¶19

However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.

¶20

Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court below, in connection

¶21

Patna High Court CR. MISC. No.83016 of 2025(2) dt.23-12-2025 3/3

¶22

with Samastipur Mufassil PS. Case No.335 of 2025, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S., 2023 and on the following conditions:

¶23

(i) In case, it is brought to the notice of the court below that the petitioner has criminal antecedents other than the disclosed one, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.

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(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner.

¶25

(Jitendra Kumar, J.)

¶26

Chandan/-

¶27

U T

Rajan Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Rajan Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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