Patna High Court
Saurav KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2), 352
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
Checking your session…