Patna High Court
Subodh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to the petitioner subject to conditions under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S.
Summary
Subodh Kumar, a mason residing in Amritsar, was implicated in an FIR under Sections 126(2), 127(2), 115(2), 74, 303(2), 352, 351(2) and 3)5) of the B.N.S. for allegedly threatening a minor girl, stealing jewellery and attempting to force a marriage after a dispute over a loan. He pleaded that the complaint was false, arising from a personal quarrel, and highlighted his clean antecedent. He applied for anticipatory bail, assuring cooperation with the investigation. The State opposed the bail. The Court, after considering his clean record and the possibility of cooperation, ordered anticipatory bail subject to a bond of Rs.10,000 with two sureties and a condition that bail may be cancelled if he fails to cooperate.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 Cr.P.C. in view of the allegations under the B.N.S.
- Whether the petitioner’s clean antecedent and claim of false implication justify the grant of bail
Legislation cited
- B.N.S.S. — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Section 438 Cr.P.C.
- Section 482 B.N.S.S.
- false implication
- clean antecedent
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13935 of 2026
Arising Out of PS. Case No.-28 Year-2025 Thana- MEDNI CHAUKI District- Lakhisarai
======================================================
Subodh Kumar Son of Late Bhuneshwar Mahto Resident of Village - Khawa
Chandra Tola, P.S.- Mednichowki, District - Lakhisarai, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Niraj Kumar, Advocate
For the Opposite Party/s : Mr. Madan Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 31-03-2026 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 126(2),
127(2), 115(2), 74, 303(2), 352, 351(2) and 3)5) of the BNS.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and the informant
alleges that he declined the proposal of marriage of the
petitioner with his minor daughter. Further, when the informant
and his wife were away, the petitioner came with arms and
threatened his daughter to marry. On alarm, people gathered and
petitioner fled away committing theft of jewellery and even
tried to forcibly take his daughter away.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
Patna High Court CR. MISC. No.13935 of 2026(2) dt.31-03-2026
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informant. It is further submitted that though it is alleged that
petitioner came with arms and threatened the daughter of the
informant but then the FIR has not been instituted under the
Arms Act. It is next submitted that petitioner is a mason by
profession and has been working and residing at Amritsar since
long and had given loan of Rs.1,80,000/- to the husband of the
informant but then the amount was not being returned on
account of which an altercation had taken place earlier and
thereafter the petitioner came to be implicated in the instant
case. It is also submitted that if the privilege of anticipatory bail
is granted to the petitioner, the petitioner will not abscond rather
will cooperate in the investigation to prove his innocence.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner and taking into consideration the fact
that petitioner is a person with clean antecedent, let 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 of the like amount
each to the satisfaction of the learned Trial Court where the case
Patna High Court CR. MISC. No.13935 of 2026(2) dt.31-03-2026
3/3
is pending/Successor Court in connection with Mednichowki
P.S. Case No. 28 of 2025, subject to the conditions as laid down
under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.
7. However, it is made clear that if the Investigating
Officer of the case files an application before the learned Trial
Court bringing to its notice that the petitioner, despite giving
assurance to this Court, is not cooperating in the investigation,
the learned Trial Court shall be at liberty to cancel the bail
bonds of the petitioner.
(Satyavrat Verma, J)
Kundan/-
U T
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