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Patna High Court

Sameer Suman @ SinnuversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that the petitioner is entitled to anticipatory bail subject to conditions.

Summary

The petitioner, Sameer Suman, sought anticipatory bail fearing arrest in a case (Kharagpur P.S. Case No. 329 of 2024) registered under Sections 126(2), 109, 352, 3(5) and 61(2) of the B.N.S. The prosecution alleged that the accused, in a drunken state, opened fire during a political discussion, but no injury was recorded. The petitioner argued that he was being implicated solely because of his criminal antecedent and cited a similar relief granted to Pintu Singh & Ors. in Cr. Misc. No. 16080 of 2025. The State opposed the bail on the ground of the petitioner’s prior criminal record. Considering the lack of recorded injury and the precedent, the Court granted anticipatory bail with a bond of Rs.10,000 and several conditions, ordering release if arrested within four weeks.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner despite his criminal antecedent and the nature of the alleged offences
  • Whether the absence of recorded injury justifies the grant of anticipatory bail

Legislation cited

  • B.N.S. — s. 109, 126(2), 3(5), 352, 61(2)

Subjects

  • anticipatory bail
  • criminal antecedent
  • no injury recorded
  • B.N.S.
  • Sections 126(2)
  • Section 109
  • Section 352
  • Section 3(5)
  • Section 61(2)
  • Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.24037 of 2025
                       Arising Out of PS. Case No.-329 Year-2024 Thana- Kharagpur District- Munger
                 ======================================================
                 Sameer Suman @ Sinnu Son of Arvind Singh @ Mahendra Singh R/o village-
                 Bari Mudheri, Po- Rataitha, Ps- H. Kharagpur, Dist- Munger
                                                                             ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ambrish Kumar Jha, Advocate
                                          :        Mrs. Shashi Priya Pathak, Advocate
                 For the State            :        Mrs. Veena Kumari Jaiswal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

5   19-03-2026                                 Heard Mrs. Shashi Priya Pathak, learned

                   counsel for the petitioner and Mrs. Veena                     Kumari Jaiswal,

                   learned APP representing the State.

                                  2. The petitioner is apprehending his arrest in

                   connection with Kharagpur P.S. Case No. 329 of 2024 registered

                   for the offence under Sections 126(2), 109, 352, 3(5) and 61(2)

                   of the B.N.S., lodged on 04.10.2024 by the informant, Ankush

                   Raj.

                                  3. As per the prosecution story, the informant alleged

                   that while they were sitting at the door and discussion about the

                   PACS Election, the accused persons came in drunken state and

                   opened fire. As the Police came, they escaped and cartridges

                   were seized. This led to the F.I.R..

                                  4. Learned counsel for the petitioner submits that only

                   because of criminal antecedent, he has been implicated, though

                   allegation of firing is there, the injury has not been recorded.
Patna High Court CR. MISC. No.24037 of 2025(5) dt.19-03-2026
                                            2/3




          Further, similar situate Pintu Singh & Ors. have been granted

          relief in Cr. Misc. No. 16080 of 2025 on 19.06.2025 by a

          coordinate Bench.

                       5. Learned APP opposes the prayer submitting that he

          has criminal antecedent.

                       6. Taking into account the aforesaid submissions put

          forward by the parties as also that no injury has been recorded,

          others have been extended relief as recorded above, in that

          background, this Court is inclined to extend him the privilege of

          anticipatory bail.

                       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/-

          (Ten thousand) with two sureties of like amount each to the

          satisfaction of learned Additional Chief Judicial Magistrate-IV,

          Munger, in connection with Kharagpur P.S. Case No. 329 of

          2024 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
            Patna High Court CR. MISC. No.24037 of 2025(5) dt.19-03-2026
                                                        3/3




                      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

                      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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