Patna High Court
Saurav KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
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
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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