Patna High Court
Satish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The court granted anticipatory bail to the petitioner, subject to payment of Rs.2,000 and compliance with detailed bail conditions.
Summary
Satish Kumar sought protection from arrest in a case (Muffasil P.S. Case No.13 of 2026) where the FIR alleged his involvement in stone‑pelting and assault under several sections of the Bharatiya Nyaya Sanhita. The prosecution alleged that a group, including Surendra Ram, assaulted a constable and villagers retaliated with stone‑pelting, implicating the petitioner as a passer‑by. The petitioner denied any participation and offered to deposit Rs.2,000 in the Chief Minister’s Relief Fund as a condition for bail. The State opposed, noting the petitioner’s name appears in the FIR. The court, after considering the submissions, granted anticipatory bail subject to the payment of Rs.2,000 and a set of strict conditions including a bail bond, sureties, regular appearances before police and court, and non‑interference with witnesses. The order directs that the petitioner be released on bail if arrested within four weeks, subject to compliance with the stipulated conditions.
Issues considered
- Whether the petitioner, whose name appears in the FIR for alleged stone‑pelting, is entitled to anticipatory bail under the Bharatiya Nyaya Sanhita.
- Whether the court can condition the grant of anticipatory bail on the payment of a sum to the Chief Minister’s Relief Fund.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 121(2), 126(2), 132, 324(5), 3(5), 352
Subjects
- anticipatory bail
- stone pelting
- Bharatiya Nyaya Sanhita
- FIR
- bail conditions
- relief fund
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20869 of 2026
Arising Out of PS. Case No.-13 Year-2026 Thana- MUFFASIL District- Aurangabad
======================================================
Satish Kumar S/O Suvendar Ram R/O Village- Nathuni Bigha, P.S- Mufassil,
Distt.- Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Singh, Advocate
For the State : Mrs. Anita Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 08-04-2026 Heard Mr. Ashok Kumar Singh, learned counsel
for the petitioner and learned APP representing the State.
2. The petitioner is apprehending his arrest in
connection with Muffasil P.S. Case No. 13 of 2026 registered
for the offence under Sections 126(2), 115(2), 352, 109(1),
324(5), 132, 121(2) and 3(5) of the Bharatiya Nyaya Sanhita,
lodged on 09.01.2026 by the informant, Abhishek Kumar.
3. As per the prosecution story, the Police on secret
information about the liquor reached the place where it is
alleged that some of them came outside in inebriated state and
Surendra Ram resorted to assault which injured Ajit Anand one
of the constable. As they tried to retreat on the direction of the
accused persons, the villagers resorted to stone pelting. This led
to the F.I.R.
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4. Learned counsel for the petitioner submits that
neither he is assigned with Surendra Ram nor was in any way
involved in the stone pelting. He being a passer by has been
roped. Last submission is that without accepting the allegation
or outcome of the petition the petitioner intends to pay
Rs.2,000/- by Demand Draft issued by the local branch of the
State Bank of India/any Nationalized Bank to the Chief
Minister’s Relief Fund to be submitted at the time of execution
of bail bond.
5. Learned APP opposes the prayer submitting that his
name has also come in the F.I.R..
6. Considering the submissions of the parties as also
that the main role has been assigned to Surendra Ram and
others, omnibus allegation of stone pelting is on this petitioner,
in that background, this Court is inclined to extend him the
privilege of anticipatory bail subject to payment of Rs.2,000/-
by Demand Draft issued by the local branch of State Bank of
India/any Nationalized Bank to the Chief Minister’s Relief Fund
to be submitted at the time of execution of bail bond.
7. Let the petitioner be released on bail in the event of
arrest or surrender within a period of four weeks from the
receipt of this order, on furnishing bail bond of Rs. 10,000/-
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(Ten thousand) with two sureties of like amount each to the
satisfaction of learned District and Additional Sessions Judge-
cum-Exclusive Special Judge Excise Court No.1, Aurangabad,
in connection with Muffasil P.S. Case No. 13 of 2026 subject to
the following conditions:-
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document (Aadhar Card/Voter Id/Driving License/Pan Card) to
show his/her bona fide;
(ii) the petitioner shall be appearing before the Police
Station as and when required for cooperating in the
investigation;
(iii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his/her
bail bond by the Trial Court itself;
(iv) the petitioner shall appear before the concerned
police station every month for next six months to mark his
attendance and at the end of the period a certificate be submitted
before the Trial Court failing which the State shall be at liberty
to take steps for cancellation of bail bonds;
(v) the petitioner shall in no way try to induce or
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promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(vi) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of bail bonds.
(Rajiv Roy, J)
vinayak/-
U T
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