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Patna High Court

Ujjwal KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted anticipatory bail to petitioner no. 2 (Gautam Kumar) subject to bond and surety conditions under Section 482(2) of the BNSS.

Summary

The petitioners Ujjwal Kumar and Gautam Kumar filed anticipatory bail applications in a criminal case arising from PS case No. 215 of 2025 concerning alleged offences under several sections of the Bharatiya Nyaya Sanhita. The petitioners withdrew the application for Ujjwal Kumar, and the court dismissed it as withdrawn. Gautam Kumar, claiming a clean antecedent, sought anticipatory bail, citing a prior order granting bail to Shivpujan Kumar and Munna Kumar in a similar matter (Cr. Misc No. 9825 of 2026). The State opposed the bail, but the court considered the parity argument and the petitioner’s clean record. The court granted anticipatory bail to Gautam Kumar, subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the BNSS, to be complied with by the trial court.

Issues considered

  • Whether anticipatory bail should be granted to Gautam Kumar under the circumstances of the case
  • Whether the precedent of Cr. Misc No. 9825 of 2026 is applicable for granting anticipatory bail
  • Whether Section 482(2) of the Bharatiya Nyaya Sanhita permits the grant of anticipatory bail in the present case

Legislation cited

Subjects

  • anticipatory bail
  • clean antecedent
  • parity
  • Section 482
  • Bharatiya Nyaya Sanhita
  • criminal procedure
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14444 of 2026
                    Arising Out of PS. Case No.-215 Year-2025 Thana- MAGADH MEDICAL COLLEGE
                                                      District- Gaya
                 ======================================================
           1.     Ujjwal Kumar S/o- Late Prabhu Yadav Village- Katari Hill Ps- Chandauti
                  Dist- Gaya
           2.    Gautam Kumar @ Gautam Paswan S/o- Dhanesh Prasad Village- Katari Hill
                 Ps- Chandauti Dist- Gaya

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Ms.Mukul Kumari
                 For the Opposite Party/s :    Mr.Rajendra Nath Jha
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   30-03-2026                1.   Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                              2.   Learned counsel for the petitioners, after some

                   arguments, seeks permission to withdraw the anticipatory bail

                   application with respect to petitioner no. 1, Ujjwal Kumar.

                              3.   Permission is accorded.

                              4.   Accordingly, the anticipatory bail application is

                   dismissed as withdrawn with respect to petitioner no. 1, Ujjwal

                   Kumar.

                              5.   The petitioner no. 2 apprehends his arrest in a case

                   registered for the offences punishable under Sections 191(2), 190,

                   126(2), 115(2), 303(2), 110, 352, 351(2) of the Bharatiya Nyaya

                   Sanhita.
              Patna High Court CR. MISC. No.14444 of 2026(2) dt.30-03-2026
                                                          2/2




                                 6.     Learned counsel for the petitioner submits that the

                        petitioner no. 2 is a person with clean antecedent.        It is next

                        submitted that Shivpujan Kumar and Munna Kumar had approached

                        this Court seeking anticipatory bail by filing Cr. Misc No. 9825 of

                        2026 and the same came to be allowed by an order dated 30-3-2026,

                        thus based on parity seeks anticipatory bail.

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

                        anticipatory bail of the petitioner.

                                 8.     After hearing the learned counsel for the parties and

                        taking into consideration the order dated 30-3-2026 in Cr. Misc No.

                        9825 of 2026, 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 Magadh Medical College

                        P.S. Case No. 215 of 2025, subject to the conditions as laid down

                        under Section 482 (2) of the BNSS.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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