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Patna High Court

Subodh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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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