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Patna High Court

Saurav KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, subject to a bail bond of Rs.10,000 and two sureties, under Section 438(2) of the BNSS.

Summary

The petitioner, Saurav Kumar, sought anticipatory bail fearing arrest in a case registered under multiple sections of the BNS, 2023, alleging assault and other offences. He contended that he was falsely implicated, not named in the FIR, and that no incriminating material was found on him. The State opposed the bail. The Court examined the claim of false implication and the absence of the petitioner's name in the FIR, and considered the statutory provisions for anticipatory bail. It concluded that the petitioner was entitled to anticipatory bail, subject to a cash bond and sureties, and conditioned the bail under Section 438(2) of the BNSS. The order directed the petitioner to surrender within six weeks if arrested, and to comply with the bail conditions.

Issues considered

  • Whether anticipatory bail should be granted to a person not named in the FIR and allegedly falsely implicated.
  • Whether the conditions under Section 438(2) of the BNSS are applicable in the present case.

Legislation cited

  • BNS, 2023 — s. 109(1), 115, 118(1), 126(2), 127(2), 3(5), 351(2), 352
  • BNSS — s. 438(2)

Subjects

  • anticipatory bail
  • false implication
  • FIR
  • Section 438
  • bail bond
  • criminal procedure
  • pre‑arrest bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23082 of 2026
                      Arising Out of PS. Case No.-4 Year-2026 Thana- BARHIYA District- Lakhisarai
                 ======================================================
                 Saurav Kumar, aged about 29 years, Male, son of Navin Singh, Resident of
                 Khutahadih PS -Barahiya, Dist- Lakhisarai

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rabi Bhushan, Advocate
                 For the Opposite Party/s :       Mr. Kalyan Shankar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
                 MALVIYA
                                       ORAL ORDER

2   08-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Sections 126(2),

                   127(2), 115, 109((1), 118(1), 352, 351(2) and 3(5) of the BNS,

                   2023.

                                3. As per allegation in the FIR, all the accused persons

                   on the drunken position assaulted the informant and his family

                   members and administered stool to the husband of the informant

                   and her son.

                                4. Learned counsel for the petitioner submits that

                   petitioner has falsely been implicated in this case. He next

                   submits that petitioner is not named in the FIR, petitioner is not
          Patna High Court CR. MISC. No.23082 of 2026(2) dt.08-04-2026
                                                      2/2




                    arrested at the spot and nothing incriminating article has been

                    recovered from the possession of the petitioner.

                                 5. Learned APP for the State opposes the prayer for

                    anticipatory bail of the petitioner.

                                 6. In view of the aforesaid facts and circumstances as

                    well as the fact that petitioner is not named in the FIR, so let the

                    above named petitioner be released on anticipatory bail in the

                    event of his arrest or surrender before the trial Court within a

                    period of six weeks from today, on furnishing bail bond of

                    Rs.10,000/- (ten thousand) with two sureties of the like amount

                    each to the satisfaction of learned ACJM-I, Lakhisarai in

                    connection with Barahiya P.S. Case No. 04 of 2026, subject to

                    the conditions as laid down under Section 438(2) of the BNSS.



                                         (Ramesh Chand Malviya, J)
Brajesh Kumar/-
U       T


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