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Patna High Court

Anshu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, subject to a bail bond, sureties, and surrender within six weeks.

Summary

The petitioner, Anshu Kumar, was implicated in a case involving alleged theft of sand, firing, and a violation of the Arms Act, registered as Ghoshi P.S. Case No. 319 of 2024. He applied for anticipatory bail, claiming innocence and asserting that the accusations were based on hostile villagers' statements and that no evidence of violence was found at the scene. The prosecution opposed the bail, emphasizing the seriousness of the offences under Sections 379, 411 of the IPC and Section 27 of the Arms Act. The court examined the nature of the allegations and the petitioner’s willingness to surrender within six weeks, along with the requirement of a bail bond and sureties. Relying on Section 482(2) of the Bharitya Nagrik Suraksha Sanhita, the court decided to grant anticipatory bail subject to conditions. The application for anticipatory bail was therefore allowed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharitya Nagrik Suraksha Sanhita in view of the allegations under IPC Sections 379, 411 and Arms Act Section 27

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • Indian Penal Code
  • Arms Act
  • criminal procedure
  • bail bond
  • section 27 Arms Act
  • section 379 IPC
  • section 411 IPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34651 of 2026
                       Arising Out of PS. Case No.-319 Year-2024 Thana- GHOSI District- Jehanabad
                 ======================================================
                 Anshu Kumar Son of Raj Kumar Yadav Resident of Village - Arhit Daulatpur,
                 Police Station - Ghoshi (Okari), District - Jehanabad.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Shyamal Prakash, Adv
                 For the Opposite Party/s :       Mr.Shyameshwar Dayal, APP
                 ======================================================
                 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 Ghoshi P.S. Case No. 319 of 2024 registered

                   for the offences punishable under Sections 379, 411 of the IPC

                   and Section 27 of the Arms Act.

                                3. As per the prosecution case, the petitioner and the

                   co-accused were found to be firing and their involvement was

                   found in the theft of sand.

                                4. Learned counsel for the petitioner has submitted

                   that the petitioner is innocent and has falsely been implicated in

                   this case. It has been further submitted that the name of the

                   petitioner has been disclosed by co-villagers as one of the

                   persons who had fled away from the place of occurrence. It has
              Patna High Court CR. MISC. No.34651 of 2026(2) dt.19-05-2026
                                                          2/2




                        further been submitted that no marks of violence was found at

                        the place of occurrence, moreover, the petitioner has been

                        named by local inimical villagers. It has further been submitted

                        that petitioner is not the owner of the tractor which was seized

                        from the place of occurrence.

                                     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 Ghoshi P.S. Case No. 319 of 2024, 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)
niku/rupa/-

U       T


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