Patna High Court
Satish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioners subject to the conditions imposed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
The petitioners, five residents of Matua Tola, Balapar, sought anticipatory bail fearing arrest in a case registered under several sections of the Bharatiya Nyaya Sanhita for allegedly entering an informant's house armed, assaulting the informant and his family, and looting valuables. The prosecution alleged that the accused were armed with lathis, iron rods and a country‑made pistol and committed the offences. The petitioners contended they were innocent, argued that the allegations were vague and ornamental, and highlighted that some of them had prior criminal antecedents but were on bail. The State opposed the bail application. The High Court, after considering the nature of the accusations and the circumstances, granted anticipatory bail, directing that if arrested within eight weeks the petitioners be released on a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita despite the serious nature of the allegations.
- Whether the allegations in the FIR are sufficient to deny bail.
- Whether prior criminal antecedents of the petitioners preclude the grant of anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 117(2), 190, 191(2), 303(2), 324(4)
Subjects
- anticipatory bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Section 482
- bail bond
- criminal antecedents
- assault
- looting
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1821 of 2026
Arising Out of PS. Case No.-105 Year-2025 Thana- GURUA District- Gaya
======================================================
1. Satish Kumar Son of Rajdeo Das @ Rajdev Das R/o Village - Matua Tola
Balapar, P.S. - Gurua, Dist. - Gaya.
2. Sagar Kumar @ Shiv Sagar Kumar @ Shivsagar Kumar @ Sagar Das Son
of Ram Pravesh Das @ Rampravesh Das @ Pravesh Das R/o Village -
Matua Tola Balapar, P.S. - Gurua, Dist. - Gaya.
3. Rajdev Das @ Rajdeo Das Son of Late Ganuri Das @ Late Ganouri Das @
Late Ganori Das R/o Village - Matua Tola Balapar, P.S. - Gurua, Dist. -
Gaya.
4. Saurabh Kumar Son of Rajdev Das @ Rajdeo Das R/o Village - Matua Tola
Balapar, P.S. - Gurua, Dist. - Gaya.
5. Sunil Kumar @ Sunil Das Son of Tetar Ravidas @ Tetar Das R/o Village -
Matua Tola Balapar, P.S. - Gurua, Dist. - Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aryan Singh, Advocate
For the Opposite Party/s : Mr. Yogendra Kumar Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 27-04-2026 Heard learned counsel for the petitioners and the
State.
2. Petitioners apprehend arrest in a case registered for
the offences punishable under Sections 191(2), 190, 115(2),
117(2), 109, 303(2), 324(4) of the Bharatiya Nyaya Sanhita.
3. As per prosecution case, all the F.I.R. named
accused persons, including these petitioners, armed with lathi,
danda, iron rod and country made pistol, entered the house of
informant and brutally assaulted informant and his family
Patna High Court CR. MISC. No.1821 of 2026(3) dt.27-04-2026
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members. It is further alleged that the accused persons also
looted cash, jewellery and other valuable items from the house
of informant.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have committed no offence.
Allegation of assault is general and omnibus and there is no
specific allegation of any overt act against these petitioners.
Case and counter case. Case lodged by the petitioners’ side is
earlier in point of time. Rest of the allegations are ornamental
only to make the case grave. Petitioner nos. 1, 2, 3 & 5 have got
one criminal antecedent each and petitioner no. 4 has got two
criminal antecedents in which they are on bail.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the nature of accusation and other facts
and circumstances of the case, this anticipatory bail is allowed
and it is ordered that let the above named petitioners in the event
of their arrest/surrender before the court below within a period
of eight weeks from today, be enlarged on bail on furnishing
bail-bond of Rs. 10,000/- (ten thousand) each with two sureties
of the like amount each to the satisfaction of learned Judicial
Magistrate, 1st Class, Gaya in connection with Gurua P. S. Case
Patna High Court CR. MISC. No.1821 of 2026(3) dt.27-04-2026
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No. 105 of 2025, subject to condition as laid down under
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,
2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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