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Patna High Court

Kapil SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners subject to specified conditions under Section 482(2) of the BNSS.

Summary

The petitioners—Kapil Singh, Harishankar Singh, Roshan Kumar and Rocket Kumar—sought anticipatory bail in a case registered in 2012 alleging offences under several IPC sections, the Arms Act and related provisions. They claim they have clean records and contend that the complainant, who alleged extortion, robbery and assault, is acquainted with them and has previously filed a complaint against them, suggesting a false implication. The petitioners argued that they never received summons, that the investigation was based merely on three witnesses, and that they would cooperate with the trial if bail is granted. The State opposed the anticipatory bail. The Court, after considering the submissions, granted anticipatory bail subject to the petitioners surrendering within six weeks, furnishing a bail bond of Rs 10,000 with two sureties each, and complying with conditions under Section 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners despite the serious charges under IPC and the Arms Act.
  • Whether the allegations of false implication and lack of summons justify the grant of anticipatory bail.
  • Whether Section 482(2) of the BNSS can be invoked to conditionally release the petitioners on anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • false implication
  • extortion
  • robbery
  • assault
  • IPC
  • Arms Act
  • Section 482
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37529 of 2026
                   Arising Out of PS. Case No.-1392 Year-2012 Thana- NALANDA COMPLAINT CASE
                                                    District- Nalanda
                 ======================================================
           1.     Kapil Singh S/o Late Ramsharan Singh Resident of Village - Poari, P.S.-
                  Harnaut, District - Nalanda
           2.    Harishankar Singh S/o Girish Singh Resident of Village - Poari, P.S.-
                 Harnaut, District - Nalanda
           3.    Roshan Kumar S/o Harishankar Singh Resident of Village - Poari, P.S.-
                 Harnaut, District - Nalanda
           4.    Rocket Kumar @ Sonu Kumar S/o Harishankar Singh Resident of Village -
                 Poari, P.S.- Harnaut, District - Nalanda

                                                                            ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar
           2.    Tutu Kumar S/o Ram Bahadur Singh Resident of Village - Poari, P.S.-
                 Harnaut, District - Nalanda

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr.Davendra Kumar Pandey
                 For the Opposite Party/s :    Mr.Binod Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   18-06-2026               1.    Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                             2.    The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Sections 341, 342,

                   379, 384, 386, 387 of the IPC and Section 27 of Arms Act.

                             3.    Learned counsel for the petitioners at the outset

                   submits that the case is of the year 2012. It is next submitted

                   that petitioners are persons with clean antecedent and the

                   complainant alleges that he was returning home after purchasing
Patna High Court CR. MISC. No.37529 of 2026(2) dt.18-06-2026
                                            2/4




          articles from the market, but on the way she was intercepted by

          the accused persons including the petitioners and Kapil said that

          your entire family earns but no extortion is paid, on objection

          Harishankar pointed pistol and Raushan snatched cloth’s packet

          and Rocket took out Rs. 12,000/- from his pocket and also

          snatched his watch and all the accused assaulted by butt of

          pistol injuring him.

                   4.     Learned counsel for the petitioners submits that

          petitioners have been falsely implicated in the instant case by

          the complainant. It is next submitted that the complainant and

          the petitioners are known to each other. It is further submitted

          that the allegation as alleged does not inspire confidence for the

          reason that complainant and the petitioners are known to each

          other. It is also submitted that prior to institution of the instant

          FIR, Harnaut PS Case No. 207 of 2012 was instituted against

          the complainant and his side by the petitioners. It is also

          submitted that petitioners were not even aware that a complaint

          case has been instituted against them. It is next submitted that

          by order dated 25-2-2026 process under Section 82 Cr.P.C was

          issued but then a specific pleading has been made at para-7 that

          no summons were ever received by the petitioners with respect

          to the complaint case nor there is any service report on record, it
Patna High Court CR. MISC. No.37529 of 2026(2) dt.18-06-2026
                                            3/4




          was only when warrant of arrest was issued that police came

          knocking the door, when petitioner started searching the case. It

          is next submitted that petitioners in these 14 years also, never

          came to be implicated in any other case but the complainant

          with an intent to coerce the petitioners and their side for

          compromising Harnaut PS Case No. 207 of 2012 instituted the

          present false case. It is also submitted that though allegation of

          demanding extortion and snatching money along with watch and

          assaulting the informant was alleged but then the said aspects

          have not been investigated rather based on evidence of three

          witnesses, cognizance has been taken. It is next submitted that

          if privilege of anticipatory bail is granted to the petitioners, the

          petitioners will not abscond rather will cooperate in the trial to

          prove their innocence.

                   5.     Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioners.

                   6.     Considering the submissions made by the learned

          counsel for the petitioners, the petitioners above-named, in the

          event of their arrest or surrender within a period of six weeks

          from today, be released on anticipatory bail on furnishing bail

          bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two

          sureties of the like amount each to the satisfaction of the learned
              Patna High Court CR. MISC. No.37529 of 2026(2) dt.18-06-2026
                                                          4/4




                        trial court where the case is pending/successor court in

                        connection with Complaint Case No. 1392C of 2012 subject to

                        the conditions as laid down under Section 482 (2) of the BNSS.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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