Patna High Court
Srikant KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted bail to the petitioner subject to conditions under Section 482(2) of the BNSS.
Summary
The petitioner, Srikant Kumar, sought bail fearing arrest in a case (Athmalgola P.S. Case No.173 of 2025) involving alleged ransom demand, assault, and offences under the Bharatiya Nyaya Sanhita and the Arms Act. He contended that the allegations were vague, that co‑accused Nitish Kumar and Satish Kumar had already been granted anticipatory bail, and that he had no prior criminal record. The State opposed the bail application. The Court noted the precedent of anticipatory bail to similarly situated co‑accused and, applying Section 482(2) of the BNSS, ordered bail on condition of a bond, sureties, and compliance with several conduct conditions. The order directed that bail be effected if the petitioner is arrested or surrenders within six weeks, subject to the stipulated terms.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offences alleged.
- Whether the grant of anticipatory bail to co‑accused mandates similar relief to the petitioner.
- Whether Section 482(2) of the Bharatiya Nyaya Sanhita permits the Court to grant bail in this circumstance.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 127(2), 190, 191(2), 191(3), 308(5), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- bail
- Section 482
- criminal procedure
- false implication
- ransom demand
- assault
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10254 of 2026
Arising Out of PS. Case No.-173 Year-2025 Thana- ATHMALGOLA District- Patna
======================================================
Srikant Kumar S/O Subodh Yadav Resident Of Village - Thamha, Shistapur,
P.S- Athmalgola, Dist.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Kumar
For the Opposite Party/s : Mr. Khurshid Anwar
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 25-02-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner apprehends his arrest in
connection with Athmalgola P.S. Case No.173 of 2025,
registered for the offence punishable under Sections 191(2),
191(3), 190, 127(2), 308(5), 352, 351(2) of the Bharatiya Nyaya
Sanhita, and 27 of the Arms Act.
3. As per the FIR, the petitioner along with other
accused persons demanded ransom from the informant and due
to non-fulfillment of the same, they assaulted the informant’s
side.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has been falsely implicated in this
case. He further submits that the allegations levelled against the
Patna High Court CR. MISC. No.10254 of 2026(2) dt.25-02-2026
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petitioner are general and omnibus in nature. The specific
allegations are against co-accused Nitish Kumar and Satish
Kumar, who, along with two others, have already been granted
anticipatory bail by a coordinate Bench of this Court vide order
dated 11.08.2025 passed in Cr. Misc. No. 50507 of 2025. Lastly,
it is submitted that the petitioner has no criminal antecedents.
5. On the other hand, the learned APP for the State
has opposed the prayer for bail of the petitioner.
6. Considering the fact that similarly situated co-
accused persons have been granted anticipatory bail, let the
above named petitioner, be released on bail, in the event of his
arrest or surrender before the learned Court below within a
period of six weeks from today, 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 SDJM,
Barh/Successor Court in connection with Athmalgola P.S. Case
No.173 of 2025 subject to the conditions as laid down under
Section 482(2) of the BNSS as well as the following conditions:
(i) One of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
official document/ personal affidavit to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every
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date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of his/her/their 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 bonds;
(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 their bail bonds.
(Ajit Kumar, J)
shikha/-
U T
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