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Patna High Court

Anurag Kumar @ Vishal KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner subject to bond and conditions.

Summary

The petitioner, Anurag Kumar, sought anticipatory bail fearing arrest in a case registered under several sections of the Bihar Narcotic Substances Act and Section 27 of the Arms Act. He alleged that the informant falsely implicated him in an incident on 07.01.2026 where he was allegedly present during an assault and firing, but no specific assault was alleged against him and no one was injured. The petitioner argued that he would cooperate with the investigation and not abscond. The State opposed the bail on the ground of the seriousness of the offences. The Court, after considering the submissions, granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S., including the possibility of cancellation if the petitioner fails to cooperate.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances.
  • Whether the allegations in the FIR justify denial of anticipatory bail.
  • Whether the petitioner is likely to abscond or tamper with the investigation.

Legislation cited

Subjects

  • anticipatory bail
  • Criminal Procedure Code
  • Bihar Narcotic Substances Act
  • Arms Act
  • false implication
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18360 of 2026
                        Arising Out of PS. Case No.-4 Year-2026 Thana- Pahelja P.S. District- Saran
                 ======================================================
                 Anurag Kumar @ Vishal Kumar S/O Arun Rai R/o Village- Kharika
                 Banbigahawa, P.S.- Pahleja, District- Saran
                                                                    ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                             ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Basant Kumar, Advocate
                 For the Opposite Party/s :         Mr. Md. Ataur Rahman, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   01-04-2026                  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 115(1),

                   126(2), 109(1), 351(2), 352 and 3(5) of the BNS as well as

                   Section 27 of the Arms Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case and the informant alleges

                   that on 07.01.2026, the petitioner along with the named accused

                   persons on a four wheeler vehicle came and started abusing and

                   on objection the accused assaulted him. Further, on orders of

                   Deepu, accused Nitish started firing but informant saved himself

                   and when people gathered accused fled away.

                                4. Learned counsel for the petitioner submits that

                   petitioner has been falsely implicated in the instant case by the
Patna High Court CR. MISC. No.18360 of 2026(2) dt.01-04-2026
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          informant. It is further submitted that from perusal of the

          allegation as alleged in the FIR, it would manifest that no

          specific application of assault is alleged against the petitioner. It

          is next submitted that even the allegation of firing is against

          Nitish but then no one was injured. It is also submitted that if

          the privilege of anticipatory bail is granted to the petitioner, the

          petitioner will not abscond rather will cooperate in the

          investigation to prove his innocence.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, let 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

          Court where the case is pending/Successor Court in connection

          with Pahleja P.S. Case No. 04 of 2026, subject to the conditions

          as laid down under Section 438(2) of the Cr.P.C./482(2) of the

          B.N.S.S.

                       7. However, it is made clear that if the Investigating

          Officer of the case files an application before the learned Trial
           Patna High Court CR. MISC. No.18360 of 2026(2) dt.01-04-2026
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                     Court bringing to its notice that the petitioner, despite giving

                     assurance to this Court, is not cooperating in the investigation,

                     the learned Trial Court shall be at liberty to cancel the bail

                     bonds of the petitioner.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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