Patna High Court
Raj Kumar @ FantusversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the withdrawal of anticipatory bail for Raj Kumar and granted anticipatory bail to Vikash Kumar subject to bail‑bond conditions.
Summary
The petitioners Raj Kumar and Vikash Kumar sought anticipatory bail in a case involving alleged extortion, assault and illegal firing at a tyre shop, with offences under several sections of the Bihar Negotiable Statutes and the Arms Act. Raj Kumar was arrested while his anticipatory bail application was pending, and his counsel requested withdrawal of the application, which the court permitted, dismissing his petition. Vikash Kumar, who remained at large, applied for anticipatory bail, arguing a clean antecedent and that the FIR allegations were vague and omnibus. The State opposed the bail. After considering the submissions, the court granted Vikash Kumar anticipatory bail, directing release on a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Criminal Procedure Code. The order thus withdrew the bail application for Raj Kumar and allowed it for Vikash Kumar.
Issues considered
- Whether the anticipatory bail application for Raj Kumar can be withdrawn after his arrest.
- Whether anticipatory bail should be granted to Vikash Kumar despite the serious allegations under multiple sections of the Bihar Negotiable Statutes and the Arms Act.
Legislation cited
- Arms Act — s. 27
- Bihar Negotiable Statutes (B.N.S.) — s. 109, 115(2), 126(2), 191(2), 191(3), 324(2), 352
- Criminal Procedure Code — s. 482(2)
Subjects
- anticipatory bail
- withdrawal of bail
- clean antecedent
- extortion
- arms act
- criminal procedure
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36996 of 2026
Arising Out of PS. Case No.-29 Year-2026 Thana- BAKHTIYARPUR District- Patna
======================================================
1. Raj Kumar @ Fantus S/o Late Mangal Yadav R/o Village - Raghopur, P.S -
Bakhtiyarpur, District - Patna
2. Vikash Kumar S/o Rajan Prasad R/o Village - Raghopur, P.S - Bakhtiyarpur,
District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manoj Kumar Pandey
For the Opposite Party/s : Ms.Nirmala Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 15-06-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The learned counsel for the petitioners seeks
permission to withdraw the present anticipatory bail application
with respect to petitioner no.1, Raj Kumar @ Fantus, who was
arrested during pendency of the instant anticipatory bail
application.
3. Permission is accorded.
4. Accordingly, instant petition is dismissed as
withdrawn with respect to petitioner no.1, Raj Kumar @ Fantus.
5. The petitioner no.2 seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Patna High Court CR. MISC. No.36996 of 2026(2) dt.15-06-2026
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Sections 191(2), 191(3), 126(2), 115(2), 324(2), 352, 109 of the
B.N.S. and Section 27 of the Arms Act.
6. The learned counsel for the petitioner submits that
the petitioner is a person with clean antecedent and the
informant alleges that on 16.01.2026 at about 4.15 P.M. he was
sitting at his MRF Tyre Shop where he also used to sell
construction material, it is alleged that 15-20 unknown accused
came variously armed and started abusing and assaulting the
informant and threatened not to sell the construction materials
and also demanded extortion if the informant intends to
continue selling the construction material, on objection, they
started firing and also damaged the informant’s motorcycle.
7. The learned counsel for the petitioner submits that
FIR has been instituted against 13 named accused persons
including the petitioner along with 20 unknown accused. It is
also submitted that allegation of demanding of extortion and
firing is alleged but then the allegations are general and omnibus
in nature. It is also submitted that it does not appear probable
that 33 persons would have come to the shop of the informant
with an intent to demand extortion and would have indulged in
firing. It is reiterated and submitted that allegations are general
and omnibus in nature and petitioner is a person with clean
Patna High Court CR. MISC. No.36996 of 2026(2) dt.15-06-2026
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antecedent.
8. Learned A.P.P. opposes the anticipatory bail
application.
9. Considering the submissions made by the learned
counsel for the petitioner, the petitioner no.2, above-named, in
the event of his arrest or surrender before the learned Court
below within a period of six weeks, is directed to be released on
bail on his furnishing bail-bonds in the sum of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Trial Court where the case
is pending/successor Court in connection with Bakhtiyarpur P.
S. Case No.29 of 2026, subject to the conditions laid down
under Section 482(2) of the B.N.S.S.
10. The application stands allowed.
(Satyavrat Verma, J)
vikash/-
U T
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