Patna High Court
Upendra Kumar @ Upendra SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
The court granted bail, directing that the petitioner be enlarged on bail if arrested, subject to conditions under Section 482(2) of the B.N.S., 2023.
Summary
The petitioner, Upendra Kumar, applied for bail in connection with FIR No.149 of 2024 alleging offences under multiple sections of the B.N.S., 2023, including obstruction of police duties. The FIR named fifteen individuals, but the petitioner claimed he was falsely implicated, had no specific allegation of assault, and possessed no prior criminal record. The State opposed the bail, while the petitioner highlighted that co‑accused had previously been granted anticipatory bail in a similar case. The court examined whether bail could be granted under Section 482(2) of the B.N.S., 2023 given the lack of concrete evidence against the petitioner. Finding no substantive grounds to deny bail, the court ordered that the petitioner be enlarged on bail if arrested within eight weeks, subject to a bond of Rs.10,000 and two sureties, and conditioned on disclosure of any concealed antecedents.
Issues considered
- Whether the petitioner is entitled to bail/anticipatory bail under Section 482(2) of the B.N.S., 2023 despite the allegations of obstruction of police duty.
- Whether the petitioner’s claim of no prior criminal antecedents and lack of specific allegations warrant the grant of bail.
Legislation cited
- B.N.S., 2023 — s. 109, 121(1), 121(2), 125, 126(2), 127(2), 132, 190, 191(2), 191(3), 262, 482(2), 74
Subjects
- bail
- anticipatory bail
- obstruction of police duty
- Section 482
- Bihar High Court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16420 of 2026
Arising Out of PS. Case No.-149 Year-2024 Thana- Raghunathpur District- East Champaran
======================================================
Upendra Kumar @ Upendra Sahani Son of Lalan Sahani, Resident of Vill-
Raghunathpur, P.S.- Raghunathpur, Dist- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sitesh Kashyap, Advocate
For the State : Mr. Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail, apprehending his arrest,
in connection with Raghunathpur P.S. Case No.149 of 2024,
dated-13.11.2024 registered for the offences punishable under
Sections 126(2), 127(2), 132, 109, 121(1), 121(2), 191(2),
191(3), 190, 74, 125 and 262 of the B.N.S., 2023.
3. FIR has been lodged against 15 named, including
the petitioner and 10-15 unknown persons. As per further
allegation, the accused persons have caused obstruction in the
discharge of official duty of police while they have gone to
arrest an accused in a separate case.
4. Learned counsel for the petitioner submits that the
Petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.16420 of 2026(2) dt.25-03-2026
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case. He further submits that there is no specific allegation of
assault or overt act against the petitioner. He also submits that
the petitioner has nothing to do with the alleged offence and his
name has transpired only on the basis of suspicion. He further
submits that similarly situated co-accused persons have already
been enlarged on anticipatory bail by Co-ordinate Bench of this
Court vide order dated 23.06.2025 passed in Cr. Misc. No.
17824 of 2024.
5. It is also stated in paragraph no. 2 of the bail
petition that the petitioner has not moved this Court earlier
either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the
bail petition that the petitioner has no criminal antecedents.
7. However, learned APP for the State vehemently
opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances,
this petition is allowed, directing the petitioner, above-named,
to be enlarged on bail, in the event of his arrest or surrender
before the court below within a period of eight weeks from the
date of receipt / production of a copy of this order, on his
furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.16420 of 2026(2) dt.25-03-2026
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learned concerned Court Below, in connection with
Raghunathpur P.S. Case No.149 of 2024, subject to the
conditions as laid down under Section 482 (2) of the B.N.S.S.,
2023 and on the following conditions:
(i) In case, it is brought to the notice of the court
below that the petitioner has any criminal antecedents, learned
court below shall cancel the bail bonds of the petitioner after
hearing him and getting satisfied that the petitioner has
concealed his criminal antecedents despite his knowledge of the
same.
(ii) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong,
learned court below shall cancel the bail bonds of the petitioner.
(Jitendra Kumar, J.)
ravishankar/-
U T
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