Patna High Court
Sanauddin @ SoneyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Arms Act — s. 27
- Criminal Procedure Code (Cr.P.C.) — s. 438(2)
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
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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
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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
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