Patna High Court
Subodh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application, granting bail subject to bond and surety conditions under Section 482(2) of the BNSS.
Summary
The petitioners Subodh Kumar, Raja Kumar and Dukhit Sahni applied for anticipatory bail fearing arrest in a case registered under multiple sections of the Bihar Non‑Specific Act (BNS) 2023. They contend that the FIR contains specific allegations against other accused but only vague, omnibus allegations against them, and that they have been falsely implicated. The State opposed the bail, arguing that the seriousness of the offences warrants their detention. The Court examined the nature of the allegations and, invoking its inherent powers under Section 482(2) of the BNSS, held that the petitioners could be released on anticipatory bail subject to bond and surety conditions. Consequently, the anticipatory bail application was allowed, with the petitioners to surrender within six weeks and furnish the prescribed bail bonds.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the FIR alleging offences under Sections 126(2), 115(2), 74, 79, 109, 352, 303(2), 351(2), 351(3) and 3(5) of the BNS, 2023.
- Whether the allegations against the petitioners are sufficiently specific to deny bail.
- Whether the Court can exercise its inherent powers under Section 482(2) of the BNSS to grant anticipatory bail.
Legislation cited
- Bihar Criminal Procedure Code — s. 482(2)
- Bihar Non‑Specific Act — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2), 351(3), 352, 74, 79
Subjects
- anticipatory bail
- false implication
- general allegations
- Section 482
- criminal procedure
- bail conditions
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20056 of 2026
Arising Out of PS. Case No.-247 Year-2025 Thana- PAROO District- Muzaffarpur
======================================================
1. Subodh Kumar S/o Dukhit Sahni R/o Village- Gadha Hasan, PS- Paru, Dist-
Muzaffarpur
2. Raja Kumar @ Raja Babu S/o Dukhit Sahni R/o Village- Gadha Hasan, PS-
Paru, Dist- Muzaffarpur
3. Dukhit Sahni S/o Late Kishun Sahani R/o Village- Gadha Hasan, PS- Paru,
Dist- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prabhat Kumar Singh, Advocate
For the Opposite Party/s : Mr. Mithlesh Kumar Khare, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
4 30-06-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 126(2),
115(2), 74, 79, 109, 352, 303(2), 351(2), 351(3) and 3(5) of the
BNS, 2023.
3. Learned counsel for the petitioners submits that
petitioner no. 1 is a person with clean antecedent and petitioner
nos. 2 and 3 have antecedent of one case and the informant
alleges that he along with his family members including his
daughter-in-law on 05.05.2025 had gone to attend a marriage
Patna High Court CR. MISC. No.20056 of 2026(4) dt.30-06-2026
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function in the house of Bajrang, where at 12 midnight,
Ramnath and Mahesh came in a drunken condition and acted
inappropriately with his daughter-in-law, on objection they
pushed the informant, but fled when police was informed,
further when informant along with his son Deena reached their
house after marriage when seven named accused persons along
with Ramnath and Mahesh came and Ramnath pointed pistol at
his son and Mahesh assaulted his son by farsa causing injury on
head and looted ornaments and Rs. 32,000/- and also assaulted
informant and Manoj causing injury, further Deena was taken to
hospital.
4. Learned counsel for the petitioners submits that
petitioners have been falsely implicated in the instant case by
the informant. It is next submitted that from perusal of the
allegation as alleged in the FIR, it would manifest that specific
allegation of assault is alleged against the named accused
persons and as far as petitioners are concerned, the allegation
against them is general and omnibus in nature.
5. Learned A.P.P. for the State opposes the
anticipatory bail application of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
Patna High Court CR. MISC. No.20056 of 2026(4) dt.30-06-2026
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event of their 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) each 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 Paru P.S. Case No. 247 of 2025 subject to the
conditions as laid down under Section 482 (2) of the BNSS.
7. Accordingly, the instant anticipatory bail
application stands allowed.
(Satyavrat Verma, J)
Rishabh/-
U T
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