Patna High Court
Sethi Singh @ Kunal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
The petitioner, Sethi Singh (Kunal Kumar), sought anticipatory bail after learning that he might be arrested in a case registered under Sections 103(1), 351(3), 61(2), 3(5) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act. The prosecution alleged that co‑accused fired upon the son of an informant, causing his death, and that the petitioner had threatened the deceased prior to the incident. The petitioner contended that he had committed no offence and that no specific overt act was attributed to him. The State opposed the bail application. The Court, considering the nature of the accusation and the lack of a specific overt act, granted anticipatory bail subject to a bail bond of Rs. 10,000 and two sureties, and conditioned it on Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail can be granted to the petitioner who is alleged only to have threatened the deceased without any specific overt act
- Whether the provisions of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita justify the grant of anticipatory bail
Legislation cited
- Arms Act — s. 27
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 103(1), 3(5), 351(3), 61(2)
Subjects
- anticipatory bail
- threat
- criminal procedure
- Bharatiya Nyaya Sanhita
- Arms Act
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20327 of 2026
Arising Out of PS. Case No.-185 Year-2025 Thana- NAUBATPUR District- Patna
======================================================
Sethi Singh @ Kunal Kumar Son of Sri Nanda Singh @ Nand Kishore Singh
Resident of Village- Shambhupura, P.S.- Naubatpur, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vinay Ranjan, Advocate
For the Opposite Party/s : Mr. Jagdhar Prasad, 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 103(1), 351(3), 61(2),
3(5) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms
Act.
3. As per prosecution case, co-accused Manik Singh,
Manoj Singh, Deepak Kumar and 3-4 unknown accused fired
upon the son of informant as a result of which he succumbed to
the injuries. It is further alleged that this petitioner along with
other F.I.R. named accused persons threatened the deceased,
prior to the occurrence.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Specific
accusation of firing and killing the son of informant is against
co-accused Manik Singh, Manoj Singh, Deepak Kumar.
Patna High Court CR. MISC. No.20327 of 2026(2) dt.05-05-2026
2/2
Petitioner is only alleged to have threatened the deceased prior
to the incident and there is no allegation of any specific overt act
against him.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering backdrop of the case and nature of
accusation, 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 VI, Danapur in connection with Naubatpur
P. S. Case No. 185 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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