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Patna High Court

Brajesh Kumar @ Rohit KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
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                        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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