Patna High Court
Sintu KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- KHATIM REZA
Holding
The Court ordered that the petitioner may be released on bail if arrested within six weeks, upon furnishing a Rs.10,000 bond with two sureties, subject to Section 482(2) of the Bhartiya Nyaya Sanhita.
Summary
The petitioner, Sintu Kumar, feared arrest in a case (Ishakchak P.S. Case No. 24 of 2026) alleging assault, robbery and other offences under several sections of the Bhartiya Nyaya Sanhita, 2023. The prosecution alleged that the petitioner attacked a woman, stole her mobile phone, bag and money, and caused her to lose consciousness. The petitioner argued that he had already been granted bail under Section 35 of the B.N.S.S. (41A Cr.P.C.) and therefore had no apprehension of arrest, seeking anticipatory bail. The State opposed the anticipatory bail. The Court, referring to an earlier order of the same bench dated 08.08.2025, held that if the petitioner is arrested or surrenders within six weeks, he shall be released on bail upon furnishing a Rs.10,000 bond with two sureties, subject to the conditions of Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Bhartiya Nyaya Sanhita and the Criminal Procedure Code.
- Whether the prior bail granted under Section 35 of the B.N.S.S. (41A Cr.P.C.) obviates the need for anticipatory bail.
- What conditions, if any, should be imposed under Section 482(2) of the B.N.S.S. on the grant of bail.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 115(2), 126(2), 303(2), 351(2), 352, 482(2), 61(2), 85
- Criminal Procedure Code — s. 35, 41A
Subjects
- anticipatory bail
- bail conditions
- assault
- robbery
- Bhartiya Nyaya Sanhita
- Criminal Procedure Code
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31827 of 2026
Arising Out of PS. Case No.-24 Year-2026 Thana- ISHAKCHAK District- Bhagalpur
======================================================
Sintu Kumar, S/O Dinesh Lal Yadav @ Dinesh Yadav, Resident of Village-
Salempur Saini, P.S- Kahalgaon, Distt.- Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shambhu Sharan Singh, Advocate
For the Opposite Party/s : Mr. Chandra Sen Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 07-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection with
Ishakchak P.S. Case No. 24 of 2026 dated 21.01.2026 instituted
for the offence punishable under Sections 126(2), 115(2), 85,
303(2), 352, 351(2), 61(2) of the Bhartiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that on the alleged
date of occurrence, the informant was going to her house and
reached at Mirjanhat Chowk, in the meanwhile, the petitioner
assaulted on her neck and nose and snatched her mobile phone
and bag in which Rs. 5000/-, Aadhar Card etc. were kept.
Thereafter he again assaulted her badly due to which she
became unconscious and fell down on the ground.
4. At the outset, learned counsel for the petitioner
Patna High Court CR. MISC. No.31827 of 2026(2) dt.07-05-2026
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submits that during the pendency of this anticipatory bail
application, the petitioner has been granted the privilege of bail
under Section 35 of B.N.S.S. ( 41A of Cr.P.C.). As such, the
petitioner has no apprehension of arrest.
5. Learned counsel for the petitioner further submits
that petitioner has been made accused for offence punishable
under Sections 126(2), 115(2), 85, 303(2), 352, 351(2), 61(2) of
the Bhartiya Nyaya Sanhita, 2023, for which maximum
punishment is up to 3 years. It is further submits that this bail
application may be disposed of in terms of order dated
08.08.2025 passed by co-ordinate Bench of this Court in
Criminal Miscellaneous No. 38822 of 2025.
6. On the other hand, learned A.P.P. for the State has
opposed the prayer for anticipatory bail of the petitioner.
7. Having considered the facts and circumstances of
the case and in the light of the order dated 08.08.2025 passed by
co-ordinate Bench of this Court in Criminal Miscellaneous No.
38822 of 2025, it is ordered that in the event of arrest / surrender
of the petitioner within a period of six weeks from today, in
connection with Ishakchak P.S. Case No. 24 of 2026, he will be
released on bail upon furnishing bail bonds of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.31827 of 2026(2) dt.07-05-2026
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satisfaction of learned Additional Chief Judicial Magistrate-IX,
Bhagalpur subject to condition as laid down under Section
482(2) of the B.N.S.S.
(Khatim Reza, J)
premchand/-
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