Patna High Court
Anish Kumar @ SonuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The application for regular bail is allowed, subject to the stipulated conditions.
Summary
Anish Kumar was arrested in connection with a case registered under Sections 127(7), 308(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, alleged to have confined an informant's husband to obtain title deeds. The petitioner claimed innocence and argued that the allegations were general and stemmed from a money dispute. The State opposed the bail application, contending the seriousness of the offences. After hearing both sides and reviewing the investigation report, the Court noted the lack of concrete evidence and the petitioner’s prolonged custody since 08‑02‑2026. The Court allowed the regular bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties and to comply with attendance and cooperation conditions. The order was made on a prima facie basis and does not prejudice the merits of the trial.
Issues considered
- Whether regular bail should be granted to the petitioner for offences under Sections 127(7), 308(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
- Whether the allegations constitute a sufficient ground to deny bail in view of the petitioner’s custody and the nature of the alleged crime.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 127(7), 308(2), 3(5)
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- confinement
- money dispute
- conditions of bail
- Indian criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39677 of 2026
Arising Out of PS. Case No.-160 Year-2026 Thana- DANAPUR District- Patna
======================================================
Anish Kumar @ Sonu S/o Shri Chaudhary Sudama @ Chaudhary Sudama
Singh Resident of - Sonbarsa, P.S.- Nawa Nagar, District- Buxar at present
Flat No.305/BSS Metro Mall, Gola Road, P.S.- Danapur, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Pd. Singh, Sr. Advocate
Mr. Akhauri Kamal Kishore Sahay
For the Opposite Party/s : Mr. Raj Kishor Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 06-07-2026 Heard the learned Senior counsel for the petitioner
and learned APP for the State.
2. The petitioner seeks regular bail in connection with
Danapur P.S. Case No. 160 of 2026 registered for the offence
under Section(s) 127(7), 308(2) and 3(5) of the Bharatiya Nyaya
Sanhita, 2023.
3. As per the prosecution case, the allegation against
the petitioner is that he, along with others, allegedly confined
the informant’s husband and forced him to call the informant to
bring the title deeds of the house.
4. Learned Senior Counsel for the petitioner submits
that the petitioner is innocent and has not committed any
offence. It is further submitted that the petitioner is in custody
Patna High Court CR. MISC. No.39677 of 2026(3) dt.06-07-2026
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since 08.02.2026 and there are general and omnibus allegation
against the petitioner.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. From the submissions of the parties and the
statement of the I.O., it appears that because of some money
dispute, the occurrence had taken place.
7. Considering the aforesaid facts and circumstances,
this application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Danapur P.S. Case
No. 160 of 2026 subject to conditions that:-
(i). The petitioner will mark his
attendance at the Danapur Police Station on
every Sunday of each month. Any default in
appearance at the Police Station would
result in cancellation of bail bond of the
petitioner.
(ii) The petitioner shall appear in
the trial regularly either personally or
through his lawyer and shall cooperate in
the trial and non-cooperation in the trial
shall result in cancellation of the bail bond
of the petitioner.
Patna High Court CR. MISC. No.39677 of 2026(3) dt.06-07-2026
3/3
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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