Patna High Court
Aditya Kumar @ Gopal Kumar @ Aditya RajversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The petitioner is entitled to anticipatory bail, subject to conditions prescribed under Section 438(2) CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Summary
The petitioner, Aditya Kumar, was implicated in a FIR alleging extortion and firing at a complainant on 15‑08‑2024. He sought anticipatory bail, claiming innocence and pointing out that a co‑accused had already been granted bail by a coordinate bench. The State opposed, highlighting specific allegations of firing and the petitioner’s prior criminal record. The Court noted the similarity with the co‑accused’s bail and, applying Sections 438(2) of the CrPC and 482(2) of the Bhartiya Nagarik Suraksha Sanhita, granted the petitioner anticipatory bail with a bond of Rs 10,000 and two sureties, subject to strict conditions regarding cooperation, presence, and non‑tampering with evidence. The order also directed verification of the petitioner’s criminal antecedent and allowed cancellation of bail for non‑compliance.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite specific allegations of firing and a prior criminal antecedent.
- Whether the grant of bail to a similarly situated co‑accused justifies extending bail to the petitioner.
- What conditions may be imposed under Section 438 CrPC and Section 482 of the Bhartiya Nagarik Suraksha Sanhita when granting anticipatory bail.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyay Sanhita, 2023 — s. 115(2), 126(2), 308(3), 3(5), 351(2), 352
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- extortion
- attempted murder
- criminal antecedent
- bail conditions
- CrPC Section 438
- Bhartiya Nagarik Suraksha Sanhita Section 482
- Bhartiya Nyay Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4143 of 2026
Arising Out of PS. Case No.-245 Year-2024 Thana- SURYAGARHA District- Lakhisarai
======================================================
Aditya Kumar @ Gopal Kumar @ Aditya Raj Son of Aneg Singh Resident of
Village- Rampur, P.S.- Surajgarha, District- Lakhisarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Parmanand Pd. Nr. Sahi, Advocate
For the Opposite Party/s : Mr. Satya Nand Shukla, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 06-02-2026 Heard Mr. Parmanand Pd. Nr. Sahi, learned counsel for
the petitioner and Mr. Satya Nand Shukla, learned Additional
Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection
with Surajgarha P.S. Case No. 245 of 2024, F.I.R. dated
17.08.2024 for the offences punishable under Sections 126(2),
115(2), 308(3), 352, 351(2), 3(5) of the Bhartiya Nyay Sanhita,
2023.
3. As per the First Information Report, the informant
alleged that on 15.08.204, when he was going to his agriculture
land, then the petitioner along with other co-accused persons came
and started abusing him and demanded Rs.5 Lakh as extortion
money. It is further alleged that the petitioner fired at him four
times but he survived and later on same day at about 8 PM other
co-accused came to his house and asked for money and started
Patna High Court CR. MISC. No.4143 of 2026(2) dt.06-02-2026
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firing.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. It appears from the FIR that no one received fire arm
injury and similarly situated co-accused person, namely, Aneag
Singh @ Anek Singh @ Aneg Singh has been granted the privilege
of anticipatory bail by the co-ordinate Bench of this Court vide
order dated 04.02.2026 in Cr. Misc. No. 6608 of 2026
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that there is direct and specific allegation of firing against
the petitioner and apart from that petitioner carries one criminal
antecedent.
6. Considering the aforesaid facts and circumstances and
the fact that similarly situated co-accused person has been granted
the privilege of anticipatory bail by the co-ordinate Bench of this
Court, let the petitioner, above named, in the event of arrest or
surrender before the court below within a period of thirty days
from the date of receipt of the order, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Chief Judicial Magistrate, Lakhisarai in connection with
Patna High Court CR. MISC. No.4143 of 2026(2) dt.06-02-2026
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Surajgarha P.S. Case No. 245 of 2024, subject to the conditions as
laid down under Section 438(2) of the Code of Criminal Procedure
/ Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and
with other following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at any
stage it is found that the petitioner has concealed his criminal
antecedent, the court below shall take step for cancellation of bail
bond of the petitioner. However, the acceptance of bail bond in
terms of the above-mentioned order shall not be delayed for
purpose of or in the name of verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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