Patna High Court
Saurav KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The High Court granted pre‑arrest bail to the petitioners, subject to verification of their criminal antecedents and compliance with the stipulated bond conditions.
Summary
The petitioners, Saurav Kumar and Kundan Kumar, applied for pre‑arrest bail in a case involving multiple IPC offences and a violation of the Arms Act. Their earlier bail order was set aside because the criminal antecedent details were incorrect. They submitted a corrected application, asserting that they are currently on bail for other matters. The State opposed the bail, but the High Court, noting the corrected antecedent information, directed that the petitioners be released on pre‑arrest bail if arrested within four weeks, upon furnishing a Rs 10,000 bond with two sureties, subject to verification of any other pending cases. The order also stipulated that if the district court discovers undisclosed cases, the bail order would automatically lapse.
Issues considered
- Whether the petitioners are entitled to pre‑arrest bail despite earlier errors in stating their criminal antecedents
- Whether the district court must verify the petitioners' criminal antecedents before the bail order takes effect
- Whether Section 482(2) of the Criminal Procedure Code permits the High Court to impose such conditions
Legislation cited
- Arms Act — s. 27
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 109(1), 115(2), 117(2), 118(1), 126(2), 127(2), 190, 191(2), 303(2), 351(2), 352
Subjects
- pre‑arrest bail
- criminal antecedent verification
- Section 482
- Indian Penal Code
- Arms Act
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3445 of 2026
Arising Out of PS. Case No.-42 Year-2025 Thana- TELHARA District- Nalanda
======================================================
1. Saurav Kumar S/o Ashok Kumar @ Ashok Kumar Singh R/o Village - Libri,
P.S - Telhara, District - Nalanda
2. Kundan Kumar S/o Awadhesh Singh R/o Village - Libri, P.S - Telhara,
District - Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rama Kant Sharma, Sr. Advocate
Mr.Rakesh Kumar Sharma, Advocate
For the Opposite Party/s : Mr.Nand Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 06-02-2026 Heard Mr. Rama Kant Sharma, learned Sr. Advocate
and Mr. Rakesh Kumar Sharma, learned counsel appearing on
behalf of the petitioners and Mr. Nand Kishore Prasad, learned
APP for the State.
2. The petitioners seek pre-arrest bail in connection
with Telhara P.S. Case No. 42 of 2025 registered for the
offence(s) punishable under Sections
191(2),190,126(2),127(2),115(2),118(1),117(2),109(1),303(2),
352,351(2) of the BNS and Section 27 of the Arms Act.
3. Mr. Rama Kant Sharma, Learned Senior Counsel
appearing on behalf of the petitioners submitted that earlier the
petitioners were granted pre-arrest bail by this Court vide order
Patna High Court CR. MISC. No.3445 of 2026(2) dt.06-02-2026
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dated 25.09.2025 passed in Cr. Misc. No.63862 of 2025 but his
bail bond was not accepted due to incorrect criminal antecedent
mentioned in paragraph no.3 thereof. Learned counsel further
submitted that petitioners have now given the correct
information with respect to the respective criminal antecedents
of petitioners in paragraph no.3 in the present bail application,
in which, the petitioners are on bail.
4. Learned APP for the State has vehemently opposed
the prayer for grant of pre-arrest bail to the petitioner.
5. In the facts and circumstances of the case, the
petitioners, above named, are directed to be released on pre-
arrest bail on similar terms, in the event of their arrest or
surrender before the learned District Court within a period of
four weeks from today, on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) each with two sureties of the like
amount each to the satisfaction of learned Additional Chief
Judicial Magistrate-1st, Hilsa, Nalanda / Concerned Court in
connection with Telhara P.S. Case No. 42 of 2025, subject to the
conditions as laid down under Section 482(2) of the BNSS.
6. The learned District Court is directed to verify the
criminal antecedent of the petitioners and if it is found that the
petitioners are involved in some other cases, as what has been
Patna High Court CR. MISC. No.3445 of 2026(2) dt.06-02-2026
3/3
stated in paragraph no.3 of the bail application, this order will
automatically lose its force.
(Purnendu Singh, J)
Sanjay/-
U T
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