Patna High Court
Sonu Shukla @ Abhishek KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted anticipatory bail to the petitioner subject to conditions under Section 482(2) of the Bharatiya Nyaya Sanhita.
Summary
The petitioner, Sonu Shukla, applied for anticipatory bail after being implicated in a FIR alleging robbery, assault, and other offences under the Bharatiya Nyaya Sanhita. He claims the allegations are false, arising from a property dispute between the informant and a third party, Khalid, who had previously filed a title suit against the informant. The informant alleges that the petitioner participated in the looting of a godown and assaulted his son, while the petitioner contends he was merely present and that the real assailant was Khalid. The State opposed the bail, but the petitioner argued that the dispute and alleged forgery by Khalid undermine the credibility of the FIR. The court considered the seriousness of the offences and the petitioner's claim of false implication, and ultimately granted anticipatory bail subject to conditions under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail can be granted in a case involving serious offences under the Bharatiya Nyaya Sanhita
- Whether the petitioner’s claim of false implication and underlying property dispute justify the grant of bail
- Whether the presence of the petitioner at the scene and alleged participation affect the bail decision
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 126(2), 303(2), 324(4), 329(4), 334(1), 3(5), 351(2), 482(2)
Subjects
- anticipatory bail
- false implication
- robbery
- assault
- property dispute
- Bharatiya Nyaya Sanhita
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17101 of 2026
Arising Out of PS. Case No.-660 Year-2025 Thana- RAMNAGAR District- West Champaran
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Sonu Shukla @ Abhishek Kumar Son of Lallan Shukla Resident of Village-
Ahirani Tola, Ward No. 28, P.S.- Bagaha, District- West Champaran. At
Present- Resident of Village- Jura Pakdi, P.S.- Ramnagar, District- West
Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pratik Kumar
For the Opposite Party/s : Mr.Ajay Kumar Jha, APP
Mr. Gauri Shankar Thakur, Adv
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 30-04-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 126(2),
115(2), 109(1), 303(2), 324(4), 351(2), 334(1), 329(4) and 3(5)
of the Bharatiya Nyaya Sanhita.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of five cases as would manifest from
the supplementary affidavit and the informant alleges that 3-11-
2025 at 4 am in the morning, when he was sleeping on the upper
floor of his house, he heard some noise and saw on the ground
floor that some persons were cutting shutter of his godown by
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gas cutter, accordingly his son, Ajay, came down and saw the
named accused persons along with 20-25 unknown accused,
who are armed with lathi, danda and farsa, cut his godown with
gas cutter and looted articles worth Rs. 10 lakh, when his son
protested, Khalid assaulted him on his head by rod causing
injury, thereafter petitioner snatched gold chain worth Rs. 1.5
lakh from the neck of his son and when neighbours arrived, the
accused left and Gaurav threatened the informant to vacate the
house and their shop otherwise he would be killed next time.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant. It is next submitted that the allegation of assaulting
the son of the informant is against Khalid and as far as the
petitioner is concerned, he is alleged to have snatched the chain
of the son of the informant and was also present at the place of
occurrence. It is further submitted that a dispute is going on in
between Khalid and the informant as Khalid had instituted a title
suit for recovering of possession and rent against the informant
in which an injunction application was also filed by Khalid, but
then the same came to be rejected. It is also submitted that the
said pleading has been made by the informant in his counter-
affidavit filed in the instant anticipatory bail application. It is
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thus submitted that informant and Khalid are known to each
other from before, but then the instant FIR has been instituted
giving an impression that the accused persons came with an
intent to commit theft and loot.
5. Learned A.P.P. for the State and learned counsel
appearing on behalf of the informant opposes the prayer for
anticipatory bail of the petitioner, but then the learned counsel
appearing on behalf of the informant is not in a position to rebut
the submission of the learned counsel appearing on behalf of the
petitioner that in the counter-affidavit, a plea has been taken that
Khalid had instituted a title suit against the informant for
recovery of possession and rent.
6. At this stage, learned counsel appearing on behalf
of the informant submits that the house in which the informant
is residing is his ancestral house but Khalid by resorting to
forgery got the said premises gifted in his favour by his own
mother with an intent to grab the property of the informant.
7. Be that as it may, the petitioner 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
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court where the case is pending/successor court in connection
with Ramnagar P.S. Case No. 660 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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