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2026 Supreme(Online)(Pat) 2820

PATNA HIGH COURT
Harish Kumar, J
Awdhesh Rajbanshi @ Abhay Raj – Appellant
Versus
The State of Bihar – Respondent
CRIMINAL MISCELLANEOUS No.84957 of 2025



Advocates:
For the Appellants/Petitioners: Mr.Pramod Kumar Verma, Adv.
For the Respondents: Mr.Anuj Kumar Shrivastava, APP

Bail granted based on the petitioner’s antecedent and the nature of accusations.

Headnote:The petitioner sought bail regarding Kadirganj P.S. Case No. 231 of 2025, involving allegations of assault and theft. The court noted concerns around the credibility of the allegations, taking into account the petitioner's clean record. It ruled in favor of granting bail with conditions. The essence of the court's decision focused on balancing the accusations against the petitioner's character and cooperation.

Result: The petitioner is granted bail upon certain conditions.

CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

2 07-01-2026 Heard the parties.

2. The petitioner apprehends his arrest in connection with Kadirganj P.S. Case No. 231 of 2025, registered for the offences punishable under Sections 191(2), 191(3), 190, 126(2), 115(2), 118(1), 109, 303(2), 352 of the BNS.

3. In the night of the fateful day, while the informant along with his cousin had gone to bring fish spawn, in the meanwhile, all the FIR named accused persons, including the petitioner, armed with lathi, danda and iron rod surrounded the vehicle of the informant and started assaulting them. It is specifically alleged that this petitioner has snatched Rs. 1,62,000/- from the pocket of the cousin of the informant and succeeded in fleeing away, besides further allegation against other accused persons of causing assault and snatching other valuables.

4. Learned Advocate for the petitioner submitted that the allegation of snatching of Rs. 1,62,000/- is out and out a concocted story. Moreover, the story of the prosecution that the informant's cousin was moving with the cash of Rs. 1,62,000/- in his pocket in the night of the fateful day does not inspire confidence. So far the injury which has sustained to the informant and others that has not been attributed to the petitioner. The petitioner is man of fair antecedent and he undertakes that he will fully cooperate in the proceeding of the court.

5. On the other hand, learned Advocate for the State vehemently opposed the bail application and submitted that the informant has sustained grievous injury, besides there is specific accusation against the petitioner of snatching huge cash amount.

6. Having considered the submissions advanced by the learned Advocates for the respective parties and taking note of the limited nature of accusation, coupled with the fair antecedent of the petitioner as also his undertaking before this Court, let the petitioner abovenamed be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nawada in connection with Kadirganj P.S. Case No. 231 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita , 2023, with the further condition that one of the bailors shall be the own/close family members of the petitioner.

(Harish Kumar, J)

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