Patna High Court
Sushil Kamat @ Sushil KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was denied as the petitioner is a proclaimed offender and absconder, and the other petitioners were directed to surrender and seek regular bail.
Summary
The petitioners sought anticipatory bail fearing arrest in connection with PS Case No.148 of 2025 involving offences under various sections of the BNS. The court noted that petitioner Sushil Kamat is an absconder in a 2005 case under IPC sections 381, 212 and 411 and has been declared a proclaimed offender by the Tis Hazari Court, and therefore denied anticipatory bail, directing him to approach the Tis Hazari Court. Petitioners Abhijeet Kumar and Vidyanand Kumar were alleged to have assaulted individuals causing grievous injury; the court likewise refused anticipatory bail and ordered them to surrender within six weeks and apply for regular bail. An injury report was placed on record. All anticipatory bail petitions were dismissed.
Issues considered
- Whether anticipatory bail can be granted to a person declared a proclaimed offender and absconder in another jurisdiction
- Whether anticipatory bail is appropriate for persons accused of assault causing grievous injury
- Whether the High Court has jurisdiction to entertain anticipatory bail applications in such circumstances
Legislation cited
- BNS — s. 109(1), 117(2), 118(1), 126(2), 303(2), 3(5), 352, 76
- Code of Criminal Procedure, 1973 — s. 438
- Indian Penal Code — s. 212, 381, 411
Subjects
- anticipatory bail
- proclaimed offender
- absconder
- assault
- grievous injury
- surrender
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42641 of 2025
Arising Out of PS. Case No.-148 Year-2025 Thana- PHULPARAS District- Madhubani
======================================================
1. Sushil Kamat @ Sushil Kumar S/O Late Sukumar Kamat R/O Village-
Suriyahi, Chethru Tole, PS- Phulparas, District- Madhubani
2. Abhijeet Kumar S/O Subhchandra Prasad Suman R/O Village- Suriyahi,
Chethru Tole, PS- Phulparas, District- Madhubani
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
with
CRIMINAL MISCELLANEOUS No. 42885 of 2025
Arising Out of PS. Case No.-148 Year-2025 Thana- PHULPARAS District- Madhubani
======================================================
Vidyanand Kumar S/op Late Raj Kumar Kamat R/o Village- Suriyahi,
Chethru Tole, P.S.- Phulparas, District- Madhubani
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 42641 of 2025)
For the Petitioner/s : Mr. D.K.Sinha, Sr. Adv
For the Opposite Party/s : Mr. Ajay Kumar Jha
(In CRIMINAL MISCELLANEOUS No. 42885 of 2025)
For the Petitioner/s : Mr. Ravi Prakash
For the Opposite Party/s : Mr. Md. Fahimuddin
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 17-02-2026 Heard learned counsel for the petitioners, learned
counsel for the informant and learned APP for the State.
2. The petitioners apprehend their arrest in connection
with Phulparas P.S. Case No. 148 of 2025 registered for the
offence under sections 126(2), 352, 118(1), 109(1), 76, 303(2),
117(2), 3(5) of the BNS.
3. From the counter affidavit filed by the informant, it
appears that the petitioner Sushil Kamat (petitioner no.1 in
Patna High Court CR. MISC. No.42641 of 2025(5) dt.17-02-2026
2/2
Criminal Misc. No. 42641 of 2025) is an absconder in
connection with Karol Bagh P.S. Case No. 383 of 2005
registered under sections 381, 212, 411 of the I.P.C and has been
declared as an absconder. In this circumstances when the
petitioner is a proclaimed offender in Tis Hazari, Delhi, this
Court is not inclined to entertain the anticipatory bail of the
petitioner. This application is dismissed with the liberty to
approach the Tis Hazari Court, in accordance with law.
4. So far as the petitioner no. 2 and petitioner no. 3 is
concerned, they had assaulted Ajay Kumar and Surya Kala
Devi, respectively, causing grievous injury. This Court is
therefore not inclined to enlarge these petitioner nos. 2 and 3 on
anticipatory bail and they are directed to surrender within six
weeks from today and pray for regular bail.
5. Accordingly, these petitions are dismissed.
6. Injury report produced by the learned Counsel for
the Opposite party no. 2 is kept on record.
(Sandeep Kumar, J)
N.K/-
U T
Checking your session…