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Patna High Court

Saurabh kumar @ saurav singhversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Anticipatory bail was denied to petitioners No. 1 and No. 2, and petitioner No. 3’s application was dismissed as not maintainable.

Summary

The petitioners, three residents of Naokothi, applied for anticipatory bail after being implicated in a police case alleging extortion, assault, and robbery under multiple sections of the Bhartiya Nyaya Sanhita, 2023. The FIR describes the accused entering the informant's house, threatening and assaulting family members, damaging property, and stealing money and ornaments. The petitioners argued they were falsely implicated due to village rivalry and that most alleged offences are bailable, contesting the applicability of Section 74. The informant opposed bail, highlighting the petitioners' alleged criminal antecedents, particularly petitioner No. 1. The court, considering the seriousness of the allegations and the antecedents of petitioners No. 1 and No. 2, refused anticipatory bail to them, and dismissed petitioner No. 3’s application as non‑maintainable because he had been declared a juvenile. The order also allowed a fresh bail application for petitioner No. 3 if his juvenile status is later disproved.

Issues considered

  • Whether anticipatory bail should be granted to the accused under the listed sections of the Bhartiya Nyaya Sanhita, 2023.
  • Whether the presence of criminal antecedents of petitioners No. 1 and No. 2 precludes grant of anticipatory bail.
  • Whether the application of petitioner No. 3 is maintainable given his alleged juvenile status.

Legislation cited

Subjects

  • anticipatory bail
  • extortion
  • assault
  • robbery
  • juvenile
  • criminal antecedent
  • Bhartiya Nyaya Sanhita
  • bailable offences

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14374 of 2026
                   Arising Out of PS. Case No.-224 Year-2025 Thana- NOWKOTHI GARHPURA District-
                                                         Begusarai
                 ======================================================
           1.     Saurabh kumar @ saurav singh son of Manoj Singh Resident Of Vill -
                  Naokothi @ Nawkothhi, Ward no. 08, Ps- Naokothi @ Nawkothhi, Dist-
                  Begusarai
           2.    Shivam Kumar @ Shivam Singh Son of Shushil Kumar @ Shushil Singh @
                 Sarla Resident Of Vill - Naokothi @ Nawkothhi, Ward no. 05, Ps- Naokothi
                 @ Nawkothhi, Dist- Begusarai
           3.    Karka @ Piyush @ Piyush Kumar Son of Ashok Kumar Singh @ Pintu
                 Singh Resident Of Vill - Naokothi @ Nawkothhi, Ps- Naokothi @
                 Nawkothhi, Dist- Begusarai

                                                                               ... ... Petitioner/s
                                                     Versus
                 The State of Bihar bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr.Arvind Kumar
                 For the State          :       Mr.Jharkhandi Upadhyay
                 For the informant      :       Mr. Shubhesh Pandey
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

2   25-03-2026         1.   Heard learned Counsel for the petitioners, learned

                            Counsel for the informant and learned Additional Public

                            Prosecutor for the State.

                       2.   This application, for grant of anticipatory bail, arises out

                            of Naokaothi @ Nawkothhi Police Station Case No. 224

                            of 2025, dated 02.12.2025, disclosing offences punishable

                            under Sections 126(2)/115(2)/308(3)/324(4)/329(3)/329

                            (4)/74/352/351(2)/351(3)/3(5) of the Bhartiya Nyaya

                            Sanhita, 2023.
Patna High Court CR. MISC. No.14374 of 2026(2) dt.25-03-2026
                                            2/4




              3.   The prosecution case, as per the First Information Report,

                   is that on 01.12.2025, at about 11:50 AM, the accused

                   persons, including the petitioners, variously armed,

                   entered into the house of the informant abusing him and

                   demanded Rs. 50,000/- as rangdari and threatened that the

                   son of the informant would be abducted and killed if the

                   informant did not give the extortion money. The accused

                   persons tried to take away the son of the informant, which

                   was protested by the sister-in-law (bhabhi) of the

                   informant, upon which the accused persons started

                   assaulting the sister-in-law (bhabhi) of the informant and

                   when the informant and other family members tried to

                   save her, the accused persons assaulted them also. The

                   accused persons also damaged the motorcycle of the

                   informant, took away Rs. 10,000/- from the box and some

                   gold and silver ornaments.

              4.   Learned Counsel for the petitioners submits that the

                   petitioners are innocent and have falsely been implicated

                   in this case due to village rivalry. He further submits that

                   there is general and omnibus allegation against all the

                   accused persons and no specific allegation of assault has

                   been levelled against them. The injuries sustained by the
Patna High Court CR. MISC. No.14374 of 2026(2) dt.25-03-2026
                                            3/4




                   victims are simple in nature and that too, on the non-vital

                   part of their bodies. He further submits that except

                   Section 74 of the Bhartiya Nyaya Sanhita, 2023, all other

                   sections are bailable in nature and from going through the

                   First Information Report, it is crystal clear that there is no

                   ingredients of Section 74 of the Bhartiya Nyaya Sanhita,

                   2023 alleged in the First Information Report.

              5. On the other hand, learned Counsel for the informant

                   vehemently opposes the prayer for anticipatory bail and

                   submits that the accused persons are dictatorial persons of

                   the locality. He further submits that the petitioner no. 1

                   has concealed his criminal antecedent in the present

                   application inasmuch as it is mentioned in this application

                   that the petitioner no. 1 has no criminal antecedent,

                   whereas the petitioner no. 1 is involved in one criminal

                   case.

              6.   Regards being had to the submissions advanced on behalf

                   of the parties and taking into consideration the nature of

                   allegation and the criminal antecedents of the petitioner

                   nos. 1 and 2, I am not inclined to grant the petitioner nos.

                   1 and 2 privilege of anticipatory bail.

              7.   This application is dismissed so far as petitioner nos. 1
            Patna High Court CR. MISC. No.14374 of 2026(2) dt.25-03-2026
                                                        4/4




                              and 2 are concerned.

                          8. Insofar as the petitioner no. 3 is concerned, it has been

                              informed by learned Counsel for the informant that as per

                              his instruction, the petitioner no. 3 has been declared

                              juvenile.

                          9. In that view of the matter, the anticipatory bail application

                              of the petitioner no. 3 is disposed as not maintainable.

                          10.However, if it comes to the knowledge of learned Counsel

                              for the petitioners that the petitioner no. 3 has not been

                              declared juvenile, a fresh anticipatory bail application can

                              be filed against the impugned order before this Court on

                              behalf of the petitioner no. 3 only.



                                                                           (Anil Kumar Sinha, J.)
Prabhakar Anand/-

U √     T   √


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