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Patna High Court

Saurav KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Summary

The petitioner, Saurav Kumar, sought anticipatory bail fearing arrest in a case alleging assault, theft and other offences under the Bharatiya Nyaya Sanhita. He claimed the FIR was false, arising from a trivial neighbour dispute, and that there were no specific allegations of an overt act against him. The State opposed the bail, arguing the seriousness of the charges. The court considered the petitioner’s clean antecedent, the lack of specific incriminating details, and the possibility of the case being concoced. Relying on Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, the court granted anticipatory bail, directing that if arrested within eight weeks he be released on a bail bond of Rs.10,000 with two sureties.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita despite the serious nature of the alleged offences
  • Whether the allegations in the FIR constitute a false or concocted case warranting bail

Legislation cited

Subjects

  • anticipatory bail
  • false FIR
  • assault
  • theft
  • clean antecedent
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1007 of 2026
                         Arising Out of PS. Case No.-710 Year-2025 Thana- FATUA District- Patna
                 ======================================================
                 Saurav Kumar Son of Shrawan Kumar Resident of Railway Colony Station
                 Road, P.S.- Fatuha, District - Patna

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sanjay Kumar S.K., Advocate
                 For the Opposite Party/s :       Mrs. Asha Devi, Addl. Public Prosecutor
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   21-01-2026                   Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in a case registered for

                   the offences punishable under Sections 126(2), 115(2), 352,

                   351(2), 303(2), 109 and 3(5) of the Bharatiya Nyaya Sanhita.

                                3. Informant alleges that on 19.09.2025, all the F.I.R.

                   named accused persons, including this petitioner, assaulted

                   informant and others and committed theft of Rs. 45,000/-,

                   mobile phone and ornaments.

                                4. Learned counsel for the petitioner submits that both

                   parties are close-door neighbours and on trivial issue, quarrel

                   took place and taking advantage of the same, this false and

                   concocted case has been lodged. Allegation of assault is general

                   and omnibus and there is no specific allegation of overt act

                   against petitioner. Rest of the allegations are ornamental only to
              Patna High Court CR. MISC. No.1007 of 2026(2) dt.21-01-2026
                                                          2/2




                        make the case grave. Petitioner claims clean antecedent.

                                     5. Learned A.P.P. for the State vehemently opposed

                        the bail application.

                                     6. Considering backdrop of the case, nature of

                        accusation and clean antecedent, this anticipatory bail is allowed

                        and it is ordered that let the above named petitioner in the event

                        of his arrest/surrender before the court below within a period of

                        eight weeks from today, be enlarged on bail on furnishing bail-

                        bond of Rs. 10,000/- (ten thousand) with two sureties of the like

                        amount each to the satisfaction of Additional Chief Judicial

                        Magistrate-II, Patna City (Patna) in connection with Fatuha P.S.

                        Case No. 710 of 2025, subject to condition as laid down under

                        Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,

                        2023.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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