Patna High Court

Saket Kumar @ ChhotuversusThe State of Bihar

Decided: 10 April 2026
Disposal: BAIL GRANTED
Bench: ANSHUMAN

Holding

The court held that bail should be granted subject to statutory conditions despite the petitioner’s antecedents.

Summary

Saket Kumar was arrested in connection with a case under Section 303(2) of the Bharatiya Nyaya Sanhita, 2023 and remained in custody from March 2025. After the charge was framed on 13 February 2026, he filed a regular bail application, having previously been denied bail in June 2025. The State opposed bail on the ground of the petitioner’s prior criminal record and pending cases. The High Court examined the statutory provisions governing bail under the BNSS and the petitioner’s right to liberty after charge framing. It granted bail on a bond of Rs.30,000, imposing conditions under Section 480(3) of the BNSS, including family surety, regular court appearances, and assurance of non‑absconding in other pending matters.

Issues considered

Whether the petitioner is entitled to regular bail under Section 303(2) of the Bharatiya Nyaya Sanhita after the charge has been framed
Whether the petitioner’s prior criminal antecedents and pending cases justify denial of bail

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 2(1)(d), 303(2), 480(3)

Subjects

regular bail
Bharatiya Nyaya Sanhita
Section 303
bail bond
pending criminal cases
court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24251 of 2026
                   Arising Out of PS. Case No.-7 Year-2025 Thana- LAUHIYANAGAR District- Begusarai
                 ======================================================
                 Saket Kumar @ Chhotu S/O Lalan Kuwar @ Lalan Kumar R/O Village-
                 Saidpur, P.S- Gopalpur, District- Bhagalpur, Bihar.
                                                                            ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Akash Kumar Mishra, Advocate
                 For the Opposite Party/s :      Mr. Upendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   10-04-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks regular bail in connection with

                   Lohiyanagar P.S. Case No. 07 of 2025, lodged on 07.01.2025

                   under Section 303(2) of the Bharatiya Nyaya Sanhita, 2023.

                                3. Learned counsel for the petitioner submits that the

                   bail application of the petitioner was earlier rejected vide order

                   dated 05.06.2025 passed in Cr. Misc. No. 36325 of 2025, with

                   liberty granted to the petitioner to renew his prayer for bail after

                   framing of charge. Counsel further submits that the charge has

                   been framed in the present case on 13.02.2026. Counsel further

                   submits that the petitioner has been in custody since 03.03.2025.

                                4. Learned APP for the State opposes the prayer for

                   bail and submits that the criminal antecedent of the petitioner is

                   not clean.
Patna High Court CR. MISC. No.24251 of 2026(2) dt.10-04-2026
                                            2/3




                       5. In the present facts and circumstances of this case

          and the submissions made above, let the petitioner above

          named, be granted bail, on furnishing bail bonds of Rs.30,000/-

          (Rupees Thirty thousand) as mentioned in Section 2(1) (d) of

          the BNSS, 2023 to the satisfaction of Prinicpal Sessions Judge,

          Begusarai, in connection with Lohiyanagar P.S. Case No. 07 of

          2025, subject to the following conditions as laid down under

          Section 480(3) of the BNSS with other following conditions:-

                                       (i) one of the bailor should be the family

                          member of the petitioner who shall provide official

                          document to show his bona fide;

                                       (ii) 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 bail bonds by

                          the Trial Court itself;

                                       (iii) At the time of furnishing the bail

                          bond, the petitioner shall satisfy the Trial Court

                          that he is not absconding in any of the cases

                          pending against him, whose details are mentioned

                          below:-

                                       a) Matihani P.S. Case No. 101 of 2013
          Patna High Court CR. MISC. No.24251 of 2026(2) dt.10-04-2026
                                                      3/3




                                                 b) Barauni P.S. Case No. 248 of 2020

                                                 c) Fulwaria P.S. Case No. 102 of 2020

                                                 d) Lohiyanagar P.S. Case No. 04 of 2025



                                                                         (Dr. Anshuman, J.)

Aman Kumar/-

U     T

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