Patna High Court
Sintu Kumar@Sintu Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted anticipatory bail to the petitioner subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioner, Sintu Kumar Yadav, was named in an FIR alleging that he, along with others, assaulted an informant with hockey sticks and an iron rod, damaged property and looted cash and a gold chain. He contended that the allegations were vague, that no specific overt act could be linked to him, and that he had a clean antecedent. The State opposed his anticipatory bail application. The court examined the nature of the accusations, the seriousness of the alleged injuries, and the petitioner’s clean record, and decided to grant anticipatory bail. The bail was conditioned on surrender within eight weeks, furnishing a bail‑bond of Rs.10,000 with two sureties, and compliance with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order was pronounced by Justice Prabhat Kumar Singh.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the inherent powers of the court
- Whether the allegations in the FIR constitute a specific overt act sufficient to deny bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 126(2), 303(2), 324(4), 3(5), 351(2), 352, 74
Subjects
- anticipatory bail
- assault
- robbery
- inherent powers
- Section 482
- clean antecedent
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20008 of 2026
Arising Out of PS. Case No.-153 Year-2025 Thana- MANPUR District- Nalanda
======================================================
Sintu Kumar@Sintu Kumar Yadav Son of Rajkumar Yadav Resident of
Village- Devkali, P.S.- Manpur, District- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Premchandra Yadav, Advocate
For the Opposite Party/s : Mr. Humayou Ahmad Khan, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 05-05-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 126(2), 115(2), 324(4),
109, 74, 303(2), 351(2), 352, 3(5) of the Bharatiya Nyaya
Sanhita.
3. As per F.I.R., all the named accused persons,
including this petitioner, armed with hockey sticks and iron rod,
came to the shop of informant and assaulted him. It is further
alleged that the accused persons also damaged the glasses of
shop and looted Rs. 10,000/- and gold chain of the informant.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Allegation
of assault is general and omnibus and there is no allegation of
specific overt act against petitioner. Injuries sustained by the
Patna High Court CR. MISC. No.20008 of 2026(2) dt.05-05-2026
2/2
injured are simple in nature. Rest of the allegations are
ornamental only to make the case grave. Petitioner claims clean
antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering backdrop of the case, nature of
accusation, injury and clean antecedent, this anticipatory bail is
allowed and it is ordered that let the above named petitioner in
the event of his 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) with two
sureties of the like amount each to the satisfaction of learned
Additional Chief Judicial Magistrate II, Biharsharif, Nalanda in
connection with Manpur P. S. Case No. 153 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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