Patna High Court
SUNIL KUMAR SINGHversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- AJIT KUMAR
Holding
The court granted anticipatory bail to petitioners 2 to 5, subject to conditions, and dismissed petitioner 1's application as withdrawn.
Summary
The petitioners, five employees of a finance company, applied for anticipatory bail in connection with Police Station Mansi case No. 315 of 2020, which alleged offences under Sections 341, 323, 325, 307, 379, 504 and 506/34 of the IPC. The informant, a sales manager of CNHI Capital India Pvt. Ltd, claimed that the petitioners assaulted him and a customer, Ravi Bhushan Kumar, and deprived them of their belongings. The petitioners contended that the injuries were simple, the allegations were general and omnibus, and they were ready to comply with any conditions imposed by the court. The State opposed the grant of anticipatory bail. The court, after hearing both sides, found the allegations to be of a simple nature and the petitioners cooperative, and therefore granted anticipatory bail to petitioners 2 to 5 with specific conditions, while dismissing petitioner 1's application as withdrawn. The bail order required a bond of Rs.10,000 with two sureties and compliance with conditions under Section 482(2) of the B.N.S.S. 2023. The petitioners were directed to appear before the trial court and refrain from tampering with evidence or committing further offences.
Issues considered
- Whether anticipatory bail should be granted to the petitioners in view of the alleged offences under the IPC.
- Whether the nature of the allegations and the petitioners' antecedents justify the grant of anticipatory bail.
Legislation cited
- B.N.S.S., 2023 — s. 482(2)
- Indian Penal Code — s. 307, 323, 325, 341, 379, 504, 506/34
Subjects
- anticipatory bail
- Indian Penal Code
- assault
- robbery
- intimidation
- bail conditions
- B.N.S.S. 2023
- Bihar criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3684 of 2026
Arising Out of PS. Case No.-315 Year-2020 Thana- MANSI District- Khagaria
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1. SUNIL KUMAR SINGH S/O HEM NARAYAN SINGH R/o vill -
Chautham, P.s.- Chautham, Distt.- Khagaria
2. Pappu Singh @ Subodh Kumar Singh S/o Harinandan Singh R/o vill -
Chautham, P.s.- Chautham, Distt.- Khagaria
3. Saurav Kumar @ Saurav Kumar Singh @ Saurabh Kumar Singh S/o Anil
Kumar Singh R/o vill - Chautham, P.s.- Chautham, Distt.- Khagaria
4. Chandan Kumar @ Chandan Kumar Singh S/o Vinay Kumar Singh R/o vill
- Chautham, P.s.- Chautham, Distt.- Khagaria
5. Kundan Kumar Singh @ Kundan Kumar S/o Vinay Kumar Singh R/o vill -
Chautham, P.s.- Chautham, Distt.- Khagaria
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shambhu Narayan Singh,Adv.
For the Opposite Party/s : Mr.Ahmad Ali,APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 20-02-2026 At the very outset, looking to the antecedents of
petitioner no. 1, learned counsel for the petitioners seeks
permission to withdraw the anticipatory bail application of
petitioner no.1, SUNIL KUMAR SINGH.
2. Permission is granted.
3. Accordingly, the prayer for anticipatory bail of
petitioner no.1, SUNIL KUMAR SINGH stands dismissed as
withdrawn.
4. Now, application for anticipatory bail of petitioners
no. 2 to 5 are being considered as they are apprehending their
arrest in connection with Mansi Police Station Case No. 315 of
2020 dated 12.11.2020, disclosing the offence under Sections
341, 323, 325, 307, 379, 504, 506/34 of the IPC lodged by the
informant, Satish Kumar Chaudhary.
Patna High Court CR. MISC. No.3684 of 2026(3) dt.20-02-2026
2/4
5. As per the prosecution case, the informant alleged
that he being a Sales Manager of CNHI, Capital India Pvt. Ltd
on 12.11.2020 had gone for finance of loan of a customer with
one Ravi Bhushan Kumar and when they were getting back to
Khagaria, the accused/petitioners along with others stopped
them, assaulted them mercilessly by means of rod and also
deprived of their belongings. Accordingly, the present FIR.
6. Learned counsel for the petitioners submits that the
injuries caused to the informant and Ravi Bhushan Kumar is
simple in nature and the allegations against the petitioners are
general and omnibus in nature and they are working in a
Finance Company and earning their livelihood along with the
informant. He further submits that petitioner no.2 has got no
criminal antecedent while petitioner no. 3 has got two
antecedents and petitioner nos. 4 and 5 have got one antecedent
each, in which petitioners no. 2, 3, 4 and 5 are on bail. It has
next been submitted that these petitioners were granted the
privilege of police bail during course of investigation and after
investigation charge-sheet has been filed which has occasioned
these petitioners to seek anticipatory bail. The names of these
petitioners have been dragged in this case for ulterior reasons
while they have committed no such offence as alleged in the
Patna High Court CR. MISC. No.3684 of 2026(3) dt.20-02-2026
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FIR. The informant is also a salesman in the said Finance
Company in which these petitioners are working. The
petitioners further undertakes to abide by the conditions as
imposed by this Court, if they are granted the privilege of
anticipatory bail.
7. On the other hand, learned APP opposes the
prayer for anticipatory bail of the petitioners.
8. After having heard learned counsel for the
parties and taking into consideration the fact that the allegations
against these petitioners are general and omnibus in nature and
the injuries caused to the informant and one Ravi Bhushan
Kumar are simple in nature and the petitioners are ready to
abide by the conditions as imposed by the Courts, this Court is
inclined to grant the petitioners the privilege of anticipatory bail.
9. This application for anticipatory bail is,
accordingly, allowed.
10. Let the petitioners, named above, in the event
of their arrest or surrender before the Court below within six
weeks from today, be released on bail on furnishing bail bond of
Rs. 10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of Miss. Jyotsna, learned
Judicial Magistrate 1st Class, Khagaria/transferee court in
Patna High Court CR. MISC. No.3684 of 2026(3) dt.20-02-2026
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connection with aforesaid Police Station Case subject to the
condition as laid down under Section 482 (2) of the B.N.S.S.
2023, as well as the following conditions:-
(i) one of the bailors should
be the family member/relative of the
petitioner(s) who shall provide official
document to show his/her bona fide;
(ii) the petitioner(s) shall
appear on each and every date before
the Trial Court and failure to do so for
two consecutive dates without
plausible reason will entail
cancellation of his bail bond by the
Trial Court itself;
(iii) the petitioner(s) shall in
no way try to induce or promise or
threat the witnesses or tamper with the
evidences, failing which the State shall
be at liberty to take steps for
cancellation of the bail
(iv) the petitioner(s) shall
desist from committing any criminal
offence again, failing which the State
shall be at liberty to take steps for
cancellation of his/her bail bonds.
(Ajit Kumar, J)
perwez
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