Created by Fuzzy Cloud

Patna High Court

Sanauddin @ SoneyversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted anticipatory bail to petitioner no. 2 (Sitare) but rejected the anticipatory bail application of petitioner no. 1 (Sanauddin).

Summary

Petitioners Sanauddin and Sitare were charged under several sections of the Bihar Negotiable Instruments (B.N.S) Act and Section 27 of the Arms Act for alleged assault and firing of weapons. They applied for anticipatory bail fearing arrest. The petitioners argued that the allegations were false and that no specific charge of assault was made against Sitare. The State opposed the bail, citing a specific allegation that Sanauddin assaulted a person with a knife. The High Court, applying Section 438 of the Cr.P.C. and Section 482 of the B.N.S., granted anticipatory bail to Sitare with bond and surety conditions, but denied bail to Sanauddin. The order reflects a partial grant of anticipatory bail based on the differing nature of the allegations against the two petitioners.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 438 Cr.P.C. in view of the allegations under the B.N.S. Act and the Arms Act
  • Whether the specific allegation of assault with a knife against petitioner no. 1 justifies denial of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 Cr.P.C.
  • Section 27 Arms Act
  • assault
  • criminal procedure
  • Bihar High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13939 of 2026
                    Arising Out of PS. Case No.-219 Year-2025 Thana- DARBHANGA SADAR District-
                                                       Darbhanga
                 ======================================================
           1.     Sanauddin @ Soney S/O Late Md. Asfaq Resident of Village- Chhapki Parri,
                  Road No. 8 (A), P.S.- Sadar, Dist- Darbhanga
           2.     Sitare @ Kamruddin S/O Late Md. Asfaq Resident of Village- Chhapki
                  Parri, Road No. 8 (A), P.S.- Sadar, Dist- Darbhanga
                                                                             ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Saurav Anand, Advocate
                 For the Opposite Party/s :     Mr. Surendra Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   31-03-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Sections 126(2),

                   115(2), 118(1), 352, 351(2) and 3(5) of the BNS as well as

                   Section 27 of the Arms Act.

                                3. Learned counsel for the petitioners submits that

                   petitioner no. 1 is a person with clean antecedent and petitioner

                   no. 2 has antecedent of one case and the informant alleges that

                   he was at his shop on 08.07.2025, at 08:00 p.m., when he got an

                   information that petitioners have come to his house and are

                   abusing the female members and Sitare fired three rounds,

                   accordingly, the informant along with his nephew was coming
Patna High Court CR. MISC. No.13939 of 2026(2) dt.31-03-2026
                                            2/3




          back home when accused petitioners intercepted them and

          assaulted indiscriminately with lathi. Further, they also assaulted

          the son of the informant, namely, Noman and petitioner no. 1

          also assaulted Noman by knife causing injury on finger.

                       4. Learned counsel for the petitioners submits that

          petitioners have been falsely implicated in the instant case by

          the informant. It is further submitted that from perusal of the

          allegation as alleged in the FIR, it would manifest that as far as

          petitioner no. 2 is concerned, no specific allegation of assault is

          alleged against him.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioners and submits that there is

          specific allegation of petitioner no. 1 of assaulting Noman by

          knife causing injury on finger.

                       6. After hearing the learned counsel for the parties, let

          the petitioner no. 2, 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

          is pending/Successor Court in connection with Darbhanga Sadar

          P.S. Case No. 219 of 2025, subject to the conditions as laid
           Patna High Court CR. MISC. No.13939 of 2026(2) dt.31-03-2026
                                                       3/3




                     down under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.

                                  7. The Court is not inclined to extend the privilege of

                     anticipatory bail to the petitioner no. 1, namely, Sanauddin @

                     Soney in connection with the aforesaid case pending in the

                     Court        of       learned           Chief        Judicial   Magistrate,

                     Darbhanga/Successor Court.

                                  8. Hence, the prayer for anticipatory bail of the

                     petitioner no. 1 is rejected.


                                                                           (Satyavrat Verma, J)

Kundan/-

U     T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.