Patna High Court
Brajesh Kumar @ Rohit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner subject to conditions under Section 482(2) of the B.N.S.S.
Summary
The petitioner, Brajesh Kumar, sought anticipatory bail fearing arrest in a case registered under Sections 109, 61(2) and 3(5) of the B.N.S. and Section 27 of the Arms Act, relating to the death of an informant's aunt and alleged indiscriminate firing. The prosecution alleged that co‑accused Sanni Sharma caused the death and that unknown persons fired indiscriminately, with the informant suspecting the petitioner’s involvement. The petitioner contended he had committed no overt act, the motorcycle involved did not belong to him, and he was falsely implicated solely on suspicion. The State opposed the bail application. The Court, considering the lack of specific allegations against the petitioner and the general nature of the accusation, allowed anticipatory bail subject to a bail bond and sureties, invoking Section 482(2) of the B.N.S.S.
Issues considered
- What is the appropriate standard for granting anticipatory bail when the accusation is based solely on suspicion and lacks specific overt acts?
- Whether Section 482(2) of the B.N.S.S. permits the Court to enlarge bail in the present circumstances.
Legislation cited
Subjects
- anticipatory bail
- suspicion
- Section 482
- Arms Act
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40353 of 2026
Arising Out of PS. Case No.-80 Year-2026 Thana- CHARPOKHARI District- Bhojpur
======================================================
Brajesh Kumar @ Rohit Kumar S/o Hridya Singh @ Hridyanand Singh
Resident of village - Nagari, P.S.- Charpokhari, District - Bhojpur, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. A. K. Thakur, Advocate
Mr. Purushottam Kumar, Advocate
For the State : Mr. Anil Kumar Singh No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 30-06-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 109, 61(2)
and 3(5) of the B.N.S. and Section 27 of the Arms Act.
3. As per prosecution case, it is alleged that on
19.04.2026, co-accused Sanni Sharma dashed informant’s aunt
with a motorcycle due to which she died. It is further alleged
that on 20.04.2026, three unknown persons came and started
firing indiscriminately and threatened the informant of dire
consequences. Informant suspects that this petitioner, along with
other F.I.R. named accused persons, is involved in the alleged
offence.
Patna High Court CR. MISC. No.40353 of 2026(2) dt.30-06-2026
2/3
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. It is the specific case of the informant
that three unknown persons came and made indiscriminate
firing. It is not the case of the informant that this petitioner
made any indiscriminate firing or committed any overt act.
Petitioner has falsely been implicated in this case solely on
suspicion. There is absolutely no allegation of any overt act
against this petitioner. The motorcycle which allegedly met with
the accident resulting in death of aunt of the informant, does not
belongs to this petitioner.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
6. Considering the facts and circumstances of the case
and general and omnibus nature of accusation, the prayer for
grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioner be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Judicial Magistrate, 1st Class,
Patna High Court CR. MISC. No.40353 of 2026(2) dt.30-06-2026
3/3
Bhojpur at Ara in connection with Charpokhari P.S. Case No. 80
of 2026, subject to condition as laid down under Section 482(2)
of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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