Rupesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78239 of 2025 Arising Out of PS. Case No.-32 Year-2025 Thana- LAHERIYASARAI District- Darbhanga ====================================================== Rupesh Kumar S/O Pradeep Paswan R/O Vill.- Madhuban, P.O.- Chopra Ram Nagar, P.S.- Madhuban, Dist.- Purnia, Bihar, PIN-85410 ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Aditya Raj, Advocate For the Opposite Party/s :
Mr. Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-02-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. Petitioner apprehends his arrest in a case registered for the offences punishable under Sections 338, 336(2), 319(2), 318(2) and 3(5) of B.N.S., 2023.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that Rashid Khan, an Advocate, filed a complaint regarding issuance of fake driving licence. In pursuance whereof, the A.D.M. held an inquiry and submitted a report to the District Magistrate, Darbhanga with a request to initiate action against the accused persons including the petitioner. Further, the Joint Secretary, Department of Transport, in view of the report of the A.D.M., requested the District Magistrate to
2/4 institute an FIR against the accused persons including the petitioner, in pursuance whereof, the instant FIR was instituted.
4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is next submitted that during the course of inquiry, the petitioner was not given any opportunity to explain his side of the case. It is further submitted that had an opportunity be given to the petitioner to explain his side of the case, perhaps, the petitioner would not have been implicated in the instant FIR mechanically based on an inquiry conducted behind his back. It is further submitted that petitioner is working as a Data Entry Operator with the D.T.O. Office, Darbhanga.
It is next submitted that the nature of work assigned to a Data Entry Operator is that he simply enters the data in the computer after the same is received from the Programmer after obtaining the same from the Head Clerk after due approval of the Additional D.T.O. It is further submitted that petitioner is not a government servant rather is an out sourced Data Entry Operator from BELTRON. It is also submitted that the D.T.O., Shashi Shekharam had approached this Court seeking anticipatory bail by filing Criminal Miscellaneous No.41079 of 2025 and the same came to be allowed by an order dated 04.09.2025.
3/4 Programmer, Vikramjeet Pratap also filed Criminal Miscellaneous No.65453 of 2025 and the same came to be allowed by an order dated 17.09.2025 passed by a Coordinate Bench of this Court. It is next submitted that petitioner will not abscond rather will cooperate in the investigation to prove his innocence.
5. Learned APP opposes the anticipatory bail application.
6. Considering the submissions made by the learned counsel for the petitioner, let petitioner, above-named, in the event of his arrest or surrender within a period of six weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Darbhanga in connection with Laheriasarai P.S. Case No.32 of 2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S.
7. However, it is made clear that in the event, if any application is filed by the Investigating Officer before the learned Trial Court bringing to its notice that petitioner, despite giving assurance to this Court, is not cooperating in the investigation, the learned Trial Court shall be at liberty to cancel
4/4 the bail bond of the petitioner after recording reasons.
8. Let a copy of this order be sent to the concerned police station through the learned court below. (Satyavrat Verma, J) Sanjay/- U T