Patna High Court
Ujjwal KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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 The petitioners withdrew the application for Ujjwal Kumar, and the court dismissed it as withdrawn.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
- Bharatiya Nyaya Sanhita — s. 110, 115(2), 126(2), 190, 191(2), 303(2), 351(2), 352, 482(2)
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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