Patna High Court
Sidharth Kumar @ Piyush HunterversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
Anticipatory bail under Section 482 BNSS, 2023 was refused.
Summary
The petitioner, Sidharth Kumar, filed an application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking anticipatory bail, fearing arrest in a case registered under Sections 126(2), 352, 109, 3(5) of the Bhartiya Nyay Sanhita, 2023 and Sections 25(1‑b)A, 26, 35 of the Arms Act. The FIR alleges that the petitioner was part of a group that shot at the informant’s brother and threatened another person, although the petitioner’s counsel argues he is not named in the FIR and was not present at the scene. The State opposed bail, highlighting six pending criminal cases against the petitioner. The High Court, considering the petitioner’s criminal antecedents, refused anticipatory bail but directed that regular bail may be considered if the petitioner surrenders within four weeks. The order reflects the court’s discretion to deny anticipatory bail where the applicant has a tainted record and the allegations are serious.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482 BNSS, 2023 in view of the serious charges and his criminal antecedents.
- Whether the petitioner is named in the FIR and thus liable to be arrested.
- Whether the existence of multiple pending criminal cases precludes the grant of anticipatory bail.
Legislation cited
- Arms Act — s. 25(1-b)A, 26, 35
- Bharatiya Nagarik Suraksha Sanhita — s. 482
- Bhartiya Nyay Sanhita — s. 109, 126(2), 3(5), 352
Subjects
- anticipatory bail
- Section 482
- BNSS 2023
- criminal antecedents
- Arms Act
- FIR
- bail discretion
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41473 of 2026
Arising Out of PS. Case No.-332 Year-2025 Thana- SAHARSA SADAR District- Saharsa
======================================================
Sidharth Kumar @ Piyush Hunter Son of Rajendra Choudhary Resident of
village- Beer Kunwar Singh Raod, Gangjala, W.N. 16/32, Ps- Saharsa, Dist-
Saharsa
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Parmanand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 01-07-2026 Heard Learned Counsel for the petitioner and Learned
APP for the State.
2. The present criminal miscellaneous application has
been filed under Section 482 of the Bharatiya Nagarik Suraksha
Sanhita, 2023 (hereinafter referred to as ‘the BNSS, 2023’) for
grant of anticipatory bail to the petitioner who apprehends arrest
in connection with Saharsa Sadar P.S. Case No. 332 of 2025,
lodged on 15.03.2025, under Sections 126(2)/352/109/3(5) of
the Bhartiya Nyay Sanhita, 2023 and under Sections 25(1-
b)A/26/35 of the Arms Act 27, pending in the Court of learned
Chief Judicial Magistrate, Saharsa.
3. As per the prosecution, the FIR has been lodged
against four named and 8 to 10 unknown accused persons
Patna High Court CR. MISC. No.41473 of 2026(2) dt.01-07-2026
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including the present petitioner with allegation that they all
surrounded the informant’s younger brother and Ranjeet Yadav.
Israel ordered to kill, thereafter Md. Monajir shot fire upon the
chest and Md. Monajir shot fire upon the abdomen of
informant’s younger brother and all other miscreants threatened
to kill Ranjeet Yadav.
4. Learned Counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. He submits
that it has been alleged in the FIR that two co-accused persons,
namely, Md. Monajir and Md. Mojahid, shot fire upon the
informant’s brother and the petitioner is not alleged to be
present at the place of occurrence. He submits that petitioner is
not named in the FIR. Counsel submits that antecedent of the
petitioner is not clean. There are six criminal cases pending
against the petitioner. He submits that the petitioner is ready to
fulfill all the conditions whatsoever shall be imposed upon him.
5. Learned APP for the State opposes the prayer for
bail of the petitioner and submits that antecedents of the
petitioner is not clean. There are six criminal cases pending
against the petitioner.
6. Considering the criminal antecedents of the
petitioner, the prayer for anticipatory bail of petitioner is hereby
Patna High Court CR. MISC. No.41473 of 2026(2) dt.01-07-2026
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refused. However, in the event of surrender of the petitioner
within four weeks from today, the prayer for regular bail shall
be considered on the same day without being prejudiced by the
order of this Court.
(Dr. Anshuman, J)
Mkr./Rakesh/-
U
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