Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The Court granted anticipatory bail to the petitioners subject to a bail bond and conditions, under Section 482 of the BNSS, 2023.
Summary
Petitioners Rahul Kumar and Birendra Rai applied for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, fearing arrest in a case alleging they poured petrol causing the death of the informant's daughter. The FIR alleges arson, while the petitioners contend the fire resulted from a gas leak and that they have no criminal antecedent. The informant’s counsel opposed bail, emphasizing the specific allegation of petrol pouring, and the State also opposed bail but noted that the death appeared accidental and that the husband had already been granted regular bail. The Court examined the submissions, the case diary, and the conditions under Section 482, and decided to grant anticipatory bail subject to a bond of Rs.30,000 and verification of criminal antecedents. The order also directed that any concealment of antecedents would lead to cancellation of the bail bond.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under Section 482 of the BNSS, 2023 in view of the allegations in the FIR
- Whether the circumstances of the case justify the imposition of bail conditions and verification of criminal antecedents
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103(1), 2(1)(d), 3(5), 482, 482(2), 80(1)
Subjects
- anticipatory bail
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
- arson allegation
- gas leak defense
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15175 of 2026
Arising Out of PS. Case No.-298 Year-2025 Thana- AMNAUR District- Saran
======================================================
1. Rahul Kumar S/O Birendra Rai R/O Village- Khaspattee, P.S.- Amnour,
District- Saran
2. Birendra Rai S/O Chintamani Rai R/O Village- Khaspattee, P.S.- Amnour,
District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Alka Panday, Advocate
For the Opposite Party/s : Mr. Uma Shankar Prasad Singh, APP
For the Informant : Mr. Aashish Kumar, Advocate
Mr. Adarsh Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
3 06-05-2026 Heard learned Counsel for the petitioners, learned
Counsel for the Informant and learned APP for the State.
2. The present criminal miscellaneous application has
been filed under Section 482 of the Bharatiya Nagarik Suraksha
Sanhita, 2023 (hereinafter referred to as ‘the BNSS, 2023’) for
grant of anticipatory bail to the petitioners who apprehend arrest
in connection with Amnour P.S. Case No. 298 of 2025, lodged
on 03.10.2025, under Sections 80(1)/103(1)/3(5) of the BNS
2023.
3. As per the prosecution, allegation of burning to the
deceased by pouring petrol is alleged in the FIR.
4. Learned Counsel for the petitioners submits that the
Patna High Court CR. MISC. No.15175 of 2026(3) dt.06-05-2026
2/3
petitioners are innocent and have committed no offence.
Counsel submits that husband was in custody and he was
released on bail by this Hon’ble Court vide order dated
01.05.2026 passed in Cr. Misc. No.13458 of 2026. Counsel
submits that case-diary has been called for. He submits that in
the case-diary, evidence of independent witness has come in
which it has been informed that the fire took place due to
leakage of gas and in saving the deceased the hand of the
husband was badly burnt. Counsel submits that antecedent of
the petitioners are clean, they are brother-in-law and father-in-
law.
5. Learned Counsel for the informant vehemently
opposes the prayer for bail and submits that there is a specific
allegation in the FIR that by pouring petrol daughter of the
informant was burnt.
6. Learned APP for the State, on the other hand,
opposes the prayer for bail of the petitioners but submits that
from the case-diary it transpires that the death has been caused
due to accident, in which husband of the deceased was also
burnt but as per the information provided by the petitioner he
has been granted regular bail by this Hon’ble Court.
7. In the present facts and circumstances of this case,
Patna High Court CR. MISC. No.15175 of 2026(3) dt.06-05-2026
3/3
let the above named petitioners be released on anticipatory bail,
in the event of arrest or surrender before the learned Court
below within a period of 4 weeks from today, on furnishing bail
bond of Rs.30,000/- (Rupees Thirty Thousand) each as
mentioned in Section 2(1)(d) of the BNSS, 2023 to the
satisfaction of Miss. Ratna Kumari, Judicial Magistrate, 1 st
Class, Saran at Chapra, in connection with Amnour P.S. Case
No.298 of 2025, subject to the conditions as laid down U/s
482(2) of the BNSS, 2023.
8. And further condition that the Trial Court shall
verify the criminal antecedent of the petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedent, the Trial Court shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Dr. Anshuman, J)
Mkr./-
U T
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