Patna High Court
Sameer KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted anticipatory bail to petitioner no.1, subject to bail bond and surety conditions, and dismissed the anticipatory bail request for petitioner no.2 as withdrawn.
Summary
The Patna High Court heard a petition for anticipatory bail filed by Sameer Kumar (petitioner no.1) in a case involving alleged assault, harassment, and other offences under Sections 333, 117(2), 78(ii), 351(2) and 3(5) of the B.N.S. The petitioners also sought to withdraw the anticipatory bail request for Rohit Kumar Gupta (petitioner no.2), which the court permitted. The court examined the facts, including a delayed FIR and the claim that the primary accusation was against Rohit, with Sameer implicated by association. The State opposed the bail, arguing the seriousness of the offences. After hearing both sides, the court granted anticipatory bail to Sameer Kumar, subject to a bail bond of Rs.10,000 and two sureties, and conditioned it on compliance with Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S., while dismissing the request for petitioner no.2 as withdrawn.
Issues considered
- Whether anticipatory bail can be granted to petitioner no.1 under Section 438 Cr.P.C. despite the nature of the alleged offences.
- Whether the delay of 37 days in filing the FIR affects the grant of anticipatory bail.
- Whether the withdrawal of the anticipatory bail prayer for petitioner no.2 impacts the proceedings.
Legislation cited
- Criminal Procedure Code (Cr.P.C.) — s. 438(2), 482(2)
Subjects
- anticipatory bail
- Section 438 Cr.P.C.
- Section 482 Cr.P.C.
- FIR delay
- assault
- harassment
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15030 of 2026
Arising Out of PS. Case No.-332 Year-2025 Thana- BAGHA District- West Champaran
======================================================
1. Sameer Kumar S/o Madan Prasad Gupta @ Madan Prasad R/o Vill- Ward
No 02, Malkauli Bagaha, P.S.- Bagaha, District- West Champaran
2. Rohit Kumar Gupta @ Rohit Kumar S/o Madan Prasad Gupta @ Madan
Prasad R/o Vill- Ward No 02, Malkauli Bagaha, P.S.- Bagaha, District- West
Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Umesh Kumar Gupta, Advocate
For the Opposite Party/s : Mr. Chandra Bhushan Prasad, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 24-03-2026 1. Learned counsel appearing on behalf of the
petitioners, after some arguments, seeks permission to withdraw
the prayer for anticipatory bail with respect to petitioner no. 2,
namely, Rohit Kumar Gupta @ Rohit Kumar.
2. Permission is accorded.
3. Accordingly, the prayer for anticipatory bail with
respect to petitioner no. 2 is dismissed as withdrawn.
4. Heard learned counsel for the petitioner no. 1,
learned A.P.P. for the State and learned counsel appearing on
behalf of the informant.
5. The petitioner no. 1 apprehends his arrest in a case
registered for the offences punishable under Sections 333,
117(2), 78(ii), 351(2) and 3(5) of the BNS.
Patna High Court CR. MISC. No.15030 of 2026(2) dt.24-03-2026
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6. Learned counsel for the petitioner no. 1 submits
that petitioner no. 1 has antecedent of one case and the
informant alleges that Rohit and petitioner no. 1 were staying on
rent in his house and were doing courier business. Further, Rohit
took inappropriate photo of the sister of the informant and also
made video and started pressurizing her. Further, her marriage
was fixed when Rohit started threatening and even sent
messages to his relatives. Further, on 26.10.2025, Rohit along
with petitioner no. 1, Gautam and 8-10 unknown accused came
to his house and started threatening and when Utkarsh objected,
the accused persons assaulted him causing fracture of his right
hand. Further, on account of the fact that the occurrence does
not come to light efforts were being made to resolve the issue
but the same could not be resolved and the marriage proposal of
the sister of the informant broke-up causing loss of face of the
informant and his family in the society.
7. Learned counsel for the petitioner no. 1 submits
that from perusal of the FIR, it would manifest that the date of
occurrence is 26.10.2025 and the FIR came to be instituted on
02.12.2025 i.e. after a delay of 37 days of the occurrence on
which learned counsel appearing on behalf of the informant
submits that the reason for the delay has been assigned in the
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FIR as the informant alleges that since the occurrence involved
his sister, as such, the family did not want that the same should
come in the knowledge of the society, hence, efforts were being
made to resolve the issue but when the issue was not resolved
the informant had no option but to institute the instant FIR on
which learned counsel appearing on behalf of the petitioner no.
1 submits that from perusal of the allegation as alleged in the
FIR it would manifest that thrust of the allegation is against
Rohit and since the petitioner no. 1 was staying with Rohit, as
such, he also came to be implicated. It is further submitted that
no doubt, Utkarsh suffered grievous injury but then allegation of
assault is not specific. It is reiterated and submitted that thrust of
the allegation is against Rohit.
8. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner no. 1.
9. After hearing the learned counsel for the parties, let
the petitioner no. 1, 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 Bagaha P.S. Case
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No. 332 of 2025, subject to the conditions as laid down under
Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.
(Satyavrat Verma, J)
Kundan/-
U T
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