Patna High Court
Aman KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court granted anticipatory bail to the petitioners, directing their release on bond subject to conditions under Section 482(2) of the B.N.S.S.
Summary
The petitioners, Aman Kumar and Subodh Yadav, sought anticipatory bail fearing arrest in Beldour Police Station Case No. 98 of 2025, which alleged offences under multiple sections of the Bharatiya Nagrik Suraksha Sanhita (B.N.S.S.) and Section 27 of the Arms Act. The prosecution alleged that the accused demanded Rs. 1 lakh as rangdari, assaulted an informant, and that co‑accused Mukesh Yadav inflicted injuries and discharged firearms. The petitioners contended they were falsely implicated, highlighted a 19‑day delay in filing the FIR without explanation, and asserted no specific allegation against them or any prior criminal record. The State opposed the grant of anticipatory bail. Considering the lack of specific charges against the petitioners, their clean record, and the delay in the FIR, the Court ordered that they be released on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.S. 2023. The order effectively granted anticipatory bail to the petitioners.
Issues considered
- Whether anticipatory bail should be granted to the petitioners in view of the alleged offences and the delay in filing the FIR
- Whether the lack of specific allegations against the petitioners warrants bail
Legislation cited
- Arms Act — s. 27
- Bharatiya Nagrik Suraksha Sanhita — s. 109, 115(2), 118(1), 126(2), 308(3), 308(5), 3(5), 351(2), 351(3), 352, 482(2)
Subjects
- anticipatory bail
- delay in FIR
- false implication
- B.N.S.S.
- Arms Act
- assault
- extortion
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14544 of 2026
Arising Out of PS. Case No.-98 Year-2025 Thana- BELDOUR District- Khagaria
======================================================
1. Aman Kumar S/o Subodh Yadav R/o Village - Gongi, P.S - Beldour, District
- Khagaria
2. Subodh Yadav S/o Late Mushahru Yadav R/o Village - Gongi, P.S - Beldour,
District - Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Santosh Kumar Singh, Advocate
For the Opposite Party/s : Mr. Brajendra Nath Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 12-03-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in connection
with Beldour P.S. Case No. 98 of 2025, instituted under Sections
126(2), 115(2), 118(1), 109, 308(3), 308(5), 352, 351(2), 351(3),
3(5) of the B.N.S. and Section 27 of Arms Act.
3. As per the prosecution case, on the date of
occurrence when the informant was returning home, F.I.R.
named accused persons including the petitioners and unknown
person forcibly demanded Rs. 1 lac as Rangdari from him. On
protest, accused persons started abusing and assaulting the
informant. It is alleged that co-accused Mukesh Yadav assaulted
Patna High Court CR. MISC. No.14544 of 2026(2) dt.12-03-2026
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the informant causing injury. Mukesh Yadav also made two
round firing.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have falsely been implicated in this
case. As per the prosecution, occurrence took place on
14.03.2025 but the F.I.R. has been lodged on 03.04.2025, after
lapse of about 19 days from the date of occurrence without any
plausible explanation of delay which shows serious doubt on the
prosecution case. Specific allegation of assault on the head of
informant is against co-accused Mukesh Yadav. There is general
and omnibus allegation against the petitioners. Petitioners have
no criminal antecedent. They undertake to co-operate in the
investigation and trial.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the facts and circumstances of the
case, submission of learned counsel for the parties, no specific
allegation against the petitioners and petitioners have no
criminal antecedent, in the event of arrest or surrender before
the Court below within six weeks from today, the petitioners be
released on bail upon furnishing bail bonds of Rs. 10,000/- (ten
thousand) each with two sureties of the like amount each to the
Patna High Court CR. MISC. No.14544 of 2026(2) dt.12-03-2026
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satisfaction of learned Chief Judicial Magistrate, Khagaria in
connection with Beldour P.S. Case No. 98 of 2025, subject to
the conditions laid down in Section 482 (2) of the Bharatiya
Nagrik Suraksha Sanhita (B.N.S.S.), 2023.
(Sunil Dutta Mishra, J)
rakhi/-
U T
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