Patna High Court
Sunil KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- KHATIM REZA
Holding
The Court held that the petitioners are to be released on anticipatory bail upon furnishing the prescribed bond and sureties, subject to conditions under Section 482(2) of the Bharatiya Nyaya Sanhita.
Summary
The petitioners, five brothers from Chhaperatar, sought anticipatory bail fearing arrest in Barh P.S. Case No. 525 of 2025, which alleged offences of assault, robbery, kidnapping and extortion under several sections of the Bharatiya Nyaya Sanhita, 2023. The prosecution’s case was based on an informant’s claim that the petitioners, armed with a pistol and lathi, attacked him, stole valuables and abducted his ten‑year‑old son demanding a ransom. The petitioners contended they were falsely implicated, asserted that the allegations were vague and omnibus except for petitioner No. 3, and highlighted the absence of eyewitnesses and any criminal record. The State opposed bail, emphasizing the specific extortion allegation against petitioner No. 3. After considering the submissions, the Court ordered that the petitioners be released on anticipatory bail upon furnishing a bail bond of Rs 10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nyaya Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bharatiya Nyaya Sanhita despite the serious allegations.
- Whether the prosecution has made specific allegations against each petitioner sufficient to deny bail.
- Whether the lack of eyewitness testimony and the petitioners' clean criminal record justify the grant of anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 126(2), 303(2), 308(2), 3(5), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- Section 482
- Bharatiya Nyaya Sanhita
- extortion
- robbery
- kidnapping
- lack of evidence
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14167 of 2026
Arising Out of PS. Case No.-525 Year-2025 Thana- BARH District- Patna
======================================================
1. Sunil Kumar, S/o Sri Munna Mahto, Resident of vill - Chhaperatar, ward no.
1, P.S.- Pandarak, Distt.- Patna
2. Sudhir @ Sudhir Kumar@ Sudhir Mahto, S/o Sri Munna Mahto, Resident of
vill - Chhaperatar, ward no. 1, P.S.- Pandarak, Distt.- Patna
3. Mithun Kumar, S/o Sri Munna Mahto, Resident of vill - Chhaperatar, ward
no. 1, P.S.- Pandarak, Distt.- Patna
4. Anant singh @ Jitendra Kumar @ Anant Kumar, S/o Sri Munna Mahto,
Resident of vill - Chhaperatar, ward no. 1, P.S.- Pandarak, Distt.- Patna
5. Munna Mahto, S/o Late Jhunna Mahto, Resident of vill - Chhaperatar, ward
no. 1, P.S.- Pandarak, Distt.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Manglam, Adv.
For the Opposite Party/s : Mr. Tapeshwar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
3 06-05-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend arrest in connection with
Barh P.S. Case No. 525 of 2025 dated 13.09.2025, registered for
the offence punishable under Sections 126(2), 115(2), 303(2),
352, 351(2), 308(2) and 3(5) of the Bharatiya Nyaya Sanhita,
2023.
3. The prosecution case, in short, is that the informant
has alleged that on 07.09. 2025 at 10.00 A.M. when he was
inside the house, the petitioners came with lathi, paina and
Patna High Court CR. MISC. No.14167 of 2026(3) dt.06-05-2026
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pistol along with 5-6 unknown persons and started abusing.
When the informant protested, then Mithun Kumar (petitioner
no. 3) along with others assaulted him by fists and slaps and
Sudhir Kumar snatched a golden chain of one lakh from his
neck, Kanhaiya Kumar snatched Rs. 1000/- from his pocket and
also kidnapped his son aged about 10 years on the point of pistol
and took him to Pandarak side and threatened him and
demanded a ransom of Rs. 10 lakhs otherwise next time he
would be killed.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and they have been falsely implicated in
this case. It is submitted that both the parties are agnates. There
is no specific allegation against the petitioners, rather, the
allegation against the petitioners are general and omnibus. There
is only allegation against petitioner no. 3, that he demanded Rs.
10 lakhs as extortion. It is submitted that there is no eye witness
to the occurrence and none of the prosecution witness have
supported the version of the informant. Lastly, it has been
submitted that they have no criminal antecedents.
5. Learned A.P.P. as well as learned counsel for the
informant has opposed the prayer for bail of the petitioners and
submitted that there is specific allegation against petitioner no. 3
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Mithun Kumar.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, in
the event of arrest / surrender of the petitioners within a period
of six weeks from today, in connection with Barh P.S. Case No.
525 of 2025, they shall be released on anticipatory bail upon
furnishing bail bonds of Rs. 10,000/- (ten thousand) each with
two sureties of the like amount each to the satisfaction of the
learned A.C.J.M.-I, Barh, Patna, subject to condition as laid
down under Section 482(2) of B.N.S.S..
(Khatim Reza, J)
prabhat/-
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