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Patna High Court

Sethi Singh @ Kunal KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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