Patna High Court
Sunil KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted anticipatory bail to the petitioners subject to bond and surety conditions.
Summary
The petitioners, three brothers, applied for anticipatory bail fearing arrest in a case registered under multiple sections of the Bihar Negotiable Substances Act, 2023, alleging extortion and assault. They argued they have clean antecedents and were falsely implicated by an informant with whom they have a property dispute, contending the allegations are vague and improbable. The State opposed the bail, asserting the seriousness of the offences. The court, noting the petitioners' clean records and the lack of specificity in the accusations, ordered that if arrested within six weeks they be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the BNSS. Consequently, the anticipatory bail application was allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioners accused under Sections 126(2), 115, 109, 76, 308(3), 352, 351(2) and 3(5) of the BNS, 2023.
- Whether the allegations against the petitioners constitute a prima facie case justifying denial of bail.
- Whether the petitioners' clean antecedent and the disputed nature of the complaint warrant bail.
Legislation cited
- Bihar Negotiable Substances Act — s. 109, 115, 126(2), 308(3), 3(5), 351(2), 352, 482(2), 76
Subjects
- anticipatory bail
- extortion
- false implication
- clean antecedent
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42721 of 2026
Arising Out of PS. Case No.-328 Year-2025 Thana- BARACHATTI District- Gaya
======================================================
1. Sunil Kumar S/o Late Deonath Mistri R/o Village - Kahudag, P.S. -
Barachatti, Dist. - Gaya.
2. Arvind Kumar @ Arbind Mistri S/o Late Deonath Mistri R/o Village -
Kahudag, P.S. - Barachatti, Dist. - Gaya.
3. Dilip Kumar S/o Late Deonath Mistri R/o Village - Kahudag, P.S. -
Barachatti, Dist. - Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Kumar, Advocate
For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 13-07-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State, Mr. Chandra Bhushan Prasad.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 126(2),
115, 109, 76, 308(3), 352, 351(2) and 3(5) of the BNS, 2023.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and the informant
alleges that on 20.09.2025 at 07:00 PM, eight named accused
persons including the petitioners came along with three
unknown accused and demanded extortion of Rs. 6 Lakhs, on
Patna High Court CR. MISC. No.42721 of 2026(2) dt.13-07-2026
2/3
objection, the accused assaulted her husband causing injury on
head and also acted inappropriately with her and assaulted the
informant by fist and leg.
4. Learned counsel for the petitioners submits that
petitioners have been falsely implicated in the instant case by
the informant, it is next submitted that it does not appear
probable that so many accused would have come to the house of
the informant for demanding extortion. It is further submitted
that petitioners and the informant are neighbourers and they are
having dispute relating to passage. It is also submitted that even
allegation of demanding extortion and assault is not specific.
5. Learned A.P.P. for the State opposes the
anticipatory bail application of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners and taking into consideration the fact
that petitioners are persons with clean antecedent, the petitioners
above-named, in the event of their arrest or surrender within a
period of six weeks from today, be released on anticipatory bail
on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand)
each with two sureties of the like amount each to the satisfaction
of the learned trial court where the case is pending/successor
court in connection with Barachatty P.S. Case No. 328 of 2025
Patna High Court CR. MISC. No.42721 of 2026(2) dt.13-07-2026
3/3
subject to the conditions as laid down under Section 482 (2) of
the BNSS.
7. Accordingly, the instant anticipatory bail
application stands allowed.
(Satyavrat Verma, J)
Rishabh/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.