Patna High Court
Shobhnath KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail application, subject to conditions under Section 482(2) of the Bihar Negotiable Sale Act, 2023.
Summary
Shobhnath Kumar, the petitioner, feared arrest in a case registered under Sections 191(2), 126(2), 115(2), 132, 351(2) and 352 of the Bihar Negotiable Sale Act, 2023. He had earlier filed an anticipatory bail application which was withdrawn, and was advised he could approach the court again. He cooperated with the police, who never deemed arrest necessary, but a charge sheet was filed and cognizance taken. The petitioner sought fresh anticipatory bail, arguing that arrest would be unwarranted given the police’s stance. The High Court, after hearing both sides, granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and conditions under Section 482(2) of the Act. The order allows the petitioner to avoid arrest for six weeks, pending further proceedings.
Issues considered
- Whether anticipatory bail should be granted when the police have not arrested the accused despite filing a charge sheet.
- Whether the court can impose conditions under Section 482(2) of the Bihar Negotiable Sale Act, 2023 in granting anticipatory bail.
- Effect of the prior withdrawn anticipatory bail application on the present application.
Subjects
- anticipatory bail
- Section 482
- charge sheet
- non-arrest
- Bihar High Court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12714 of 2026
Arising Out of PS. Case No.-199 Year-2024 Thana- RAJPUR District- Rohtas
======================================================
Shobhnath Kumar Son of Ashok Kumar R/o Village - Rajpur, P.S. - Rajpur,
Dist. - Rohtas.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sudhanshu Kumar, Advocate
For the Opposite Party/s : Mr. Parmeshwar Mehta, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 25-02-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 191(2),
126(2), 115(2), 132, 351(2) and 352 of the BNS, 2023.
3. Learned counsel for the petitioner submits that the
offences for which the instant FIR has been instituted carry
punishment of seven years and less. It is next submitted that
petitioner had earlier moved before this Court seeking
Patna High Court CR. MISC. No.12714 of 2026(2) dt.25-02-2026
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anticipatory bail by filing Criminal Miscellaneous No. 67407 of
2025 and the same came to be dismissed as withdrawn with
liberty to the petitioner to approach the Court afresh, if need
arises, as petitioner was given notice under Section 35 BNSS.
4. The learned counsel for the petitioner next submits
that petitioner during the course of investigation cooperated
with the police and the police never felt the need of arresting the
petitioner. It is also submitted that charge sheet came to be
submitted based on which cognizance has been taken, as such,
the petitioner apprehends his arrest. It is next submitted that
when police during the course of investigation never felt the
need of arresting the petitioner whether it would be prudent for
the Court to send the petitioner to jail based on an order of
cognizance which came to be taken after filing of the charge
sheet.
5. Learned A.P.P. for the State opposes the
anticipatory bail application of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on anticipatory bail on furnishing bail
bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties
Patna High Court CR. MISC. No.12714 of 2026(2) dt.25-02-2026
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of the like amount each to the satisfaction of the learned trial
court where the case is pending/successor court in connection
with Rajpur P.S. Case No. 199 of 2024 subject to the conditions
as laid down under Section 482 (2) of BNSS.
7. Accordingly, the instant anticipatory bail
application is allowed.
(Satyavrat Verma, J)
Rishabh/-
U T
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