Patna High Court
Anurag Kumar @ Vishal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- Arms Act — s. 27
- Bihar Narcotic Substances Act — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
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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