Patna High Court
Kapil SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- Arms Act — s. 27
- Bihar Negotiable Sale and Settlement Act (BNSS) — s. 482
- Criminal Procedure Code — s. 82
- Indian Penal Code — s. 341, 342, 379, 384, 386, 387
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
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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
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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
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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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