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Patna High Court

Saurav @ Saurav Kumar @ Praveen KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that anticipatory bail may be granted in view of the delay, lack of evidentiary marks, and clean record, subject to conditions under Section 482(2) of the Bharitya Nagrik Suraksha Sanhita.

Summary

The petitioner, Saurav Kumar, was implicated in a case (Hilsa P.S. Case No. 181 of 2026) for alleged offences under several sections of the Bharitya Nagrik Suraksha Sanhita 2023, including assault with firearms and causing public disorder. The prosecution alleged that the petitioner and two others verbally abused an informant, were armed, and discharged firearms, though the informant escaped unharmed. The petitioner contended innocence, citing a nine‑day delay in filing the FIR, absence of any marks of violence at the scene, and a clean criminal record. The State opposed the grant of anticipatory bail. Considering the circumstances, the court granted anticipatory bail, subject to a bail bond of Rs. 10,000 and two sureties, and conditioned it on compliance with Section 482(2) of the Bharitya Nagrik Suraksha Sanhita.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances of the case
  • Whether the delay in lodging the FIR, lack of physical evidence, and absence of prior criminal record justify the grant of anticipatory bail
  • Whether Section 482(2) of the Bharitya Nagrik Suraksha Sanhita is applicable for imposing conditions on anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • delay in FIR
  • firearms
  • Section 482
  • bail bond
  • criminal antecedent
  • public order offences

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34435 of 2026
                        Arising Out of PS. Case No.-181 Year-2026 Thana- HILSA District- Nalanda
                 ======================================================
                 Saurav @ Saurav Kumar @ Praveen Kumar S/o Tarun Kumar R/o Village -
                 Laxmi Bigha, P.S. - Hilsa, District - Nalanda.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Anil Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr.Ram Sevak Choudhary, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   19-05-2026                      Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                               2. The petitioner is apprehending his arrest in connection

                   with Hilsa P.S. Case No. 181 of 2026 registered for the offences

                   punishable under Sections 126 (2), 329 (3), 109 (1), 351 (3), 352 and

                   3 (5) of B.N.S. 2023.

                                3. As per the prosecution case, the petitioner along with

                   two others came at the doorsteps of the informant and started abusing

                   him in filthy languages, when the informant came out of the house

                   the petitioner and others were found to be armed with firearms. It has

                   further been alleged that petitioner along with others fired from their

                   respective weapon but the informant anyhow saved himself and

                   entered the house.

                                4. Learned counsel for the petitioner has submitted that

                   the petitioner is innocent and has falsely been implicated in this case.
             Patna High Court CR. MISC. No.34435 of 2026(2) dt.19-05-2026
                                                         2/2




                       It has further been submitted that there is delay of nine days in

                       lodging the F.I.R. It has further been submitted that no marks of

                       violence was found at the place of the occurrence. It has further been

                       submitted that petitioner has got no criminal antecedent.

                                    5. Learned A.P.P. for the State has vehemently opposed

                       the prayer for anticipatory bail of the petitioner.

                                    6. Considering the aforesaid facts and circumstances of

                       the case as well as the nature of allegation against the petitioner, let

                       the above named petitioner, in the event of his arrest/surrender within

                       a period of six weeks from today, be enlarged on anticipatory bail on

                       furnishing bail-bond of Rs. 10,000/- (Rupees ten thousand) with two

                       sureties of the like amount each to the satisfaction of the learned

                       court concerned in connection with Hilsa P.S. Case No. 181 of 2026,

                       subject to the conditions as laid down under Section 482(2) of the

                       Bharitya Nagrik Suraksha Sanhita (B.N.S.S.)

                                    7. This application stands allowed.



                                                  (Praveen Kumar, J)
vashudha/-

U      T


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