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Patna High Court

Shobhnath KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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 He had earlier filed an anticipatory bail application which was withdrawn, and was advised he could approach the court again.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  • Effect of the prior withdrawn anticipatory bail application on the present application.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
                                                        3/3




                      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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