Patna High Court
Saurav @ Saurav Kumar @ Praveen KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
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
- Bharitya Nagrik Suraksha Sanhita — s. 109(1), 126(2), 329(3), 3(5), 351(3), 352
- Bharitya Nagrik Suraksha Sanhita (B.N.S.S.) — s. 482(2)
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/-
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