Patna High Court
Kumar sanny @ sanny BalmikiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner.
Summary
The petitioner, Kumar Sanny, sought anticipatory bail fearing arrest in a case (Babarganj PS Case No. 122 of 2024) registered under several sections of the B.N.S. The FIR described an assault on the informant's son by a group of youths, naming three individuals, but did not name the petitioner. During investigation, the petitioner was later made an accused despite not being identified in the FIR. The petitioner argued that the FIR does not implicate him and the alleged injury was minor. The court, after considering the submissions, held that the petitioner’s non‑inclusion in the FIR and the specific identification of other persons warranted the grant of anticipatory bail. Accordingly, the court ordered anticipatory bail subject to a bail bond of Rs. 10,000 and two sureties, with conditions under Section 482(2).
Issues considered
- Whether anticipatory bail can be granted when the petitioner is not named in the FIR but later made an accused.
- Whether the allegations in the FIR sufficiently justify the petitioner’s arrest.
- Whether Section 482(2) of the CrPC permits the court to grant anticipatory bail in the present circumstances.
Legislation cited
- B.N.S. — s. 109, 115(2), 126(2), 3(5), 351(2)(3), 352
- Criminal Procedure Code — s. 482(2)
Subjects
- anticipatory bail
- FIR
- Section 482
- Criminal Procedure Code
- non‑named accused
- assault
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18584 of 2026
Arising Out of PS. Case No.-122 Year-2024 Thana- Babarganj District- Bhagalpur
======================================================
Kumar sanny @ sanny Balmiki son of Late Suresh Mehtar Resident Of Raghu
Sah Lane, Mohiuddinagar, Kutubganj, Ps- Babarganj, District- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Md.Najmul Hodda
For the Opposite Party/s : Mr.Sanjay Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 08-04-2026 1. Heard the parties.
2. The petitioner apprehends his arrest in connection with
Babarganj P.S. Case No. 122 of 2024 dated 18.10.2024
registered under Sections 126(2), 115(2), 109, 352, 351(2)(3),
3(5) of the B.N.S.
3. As per the first information report on 17.10.2024 at 9:30
P.M. while the informant’s son was returning back to his home
on his Toto vehicle, he was intercepted by 6-7 boys, who started
abusing, on which, informant’s son protested. Thereafter the
accused persons started assaulting him with lathi and danda
causing head injury. It has further been alleged that the victim
was admitted to hospital and when the informant enquired about
the persons, who were involved in the incident, her son
disclosed the name of Praduman Mandal, Amit Kumar Hari and
Chandan Poddar.
Patna High Court CR. MISC. No.18584 of 2026(2) dt.08-04-2026
2/2
4. Learned counsel for the petitioner submits that petitioner is
not named in the F.I.R. and he has been made accused during
course of investigation. The victim, who sustained injury
disclosed the name of three persons only in the hospital as
would be evident from the F.I.R. itself. The injury sustained by
the informant’s son is simple in nature.
5. Regard being had to the submission made by the parties,
taking into consideration the fact that petitioner is not named in
F.I.R. whereas the victim has specifically disclosed the name of
three persons, who allegedly assaulted him, accordingly, I am
inclined to grant anticipatory bail to the petitioner.
6. Let the petitioner, above named, be released on
anticipatory bail in the event of arrest or surrender before the
court below within a period of four weeks from today on
furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with
two sureties of the like amount each to the satisfaction of Smt.
Sadaf Mustafa, Judicial Magistrate 1st Class, Bhagalpur in
connection with Babarganj P.S. Case No. 122 of 2024 subject to
the condition as laid down under Section 482 (2) of the B.N.S.S.
(Anil Kumar Sinha, J)
praful/-
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