Patna High Court
Saurabh Kumar @ Sonu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that anticipatory bail is warranted and granted to the petitioners.
Summary
The petitioners, three residents of Kakadiya village, sought anticipatory bail fearing arrest in a criminal case (Laheri PS Case No. 511 of 2025) alleging assault and looting under several sections of the B.N.S. They contended that they were falsely implicated due to a prior dispute with the victim and had clean antecedents. The State opposed the bail. The court examined the allegations, noted the possibility of false implication and the petitioners’ clean record, and applied the provisions of Section 438(2) of the CrPC and Section 482 of the B.N.S. to grant anticipatory bail with conditions. The bail order required a bond of Rs.10,000 each with two sureties and compliance with the stipulated conditions. Consequently, the petitioners were released on bail pending any arrest or surrender within four weeks.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 of the CrPC and Section 482 of the B.N.S. in view of the allegations against them
Legislation cited
- B.N.S. — s. 109(1), 115(2), 118(1), 126(2), 303(2), 3(5), 482
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 B.N.S.
- false implication
- criminal procedure
- Bihar
- assault
- looting
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5115 of 2026
Arising Out of PS. Case No.-511 Year-2025 Thana- LAHERIMUHALLA District- Nalanda
======================================================
1. Saurabh Kumar @ Sonu Kumar S/O Ramuchit Yadav R/O Village-
Kakadiya, P.S.-Noorsarai, District- Nalanda.
2. Vivek Kumar S/O Shravan Yadav @ Shraman Yadav R/O Village-
Kakadiya, P.S.-Noorsarai, District- Nalanda.
3. Anish Kumar S/O Sanjeet Yadav @ Usman Yadav R/O Village- Kakadiya,
P.S.-Noorsarai, District- Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sauravh Singh, Advocate
For the Opposite Party/s : Mr.Dilip Kumar No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 24-02-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners apprehend their arrest in
connection with Laheri P.S. Case No. 511 of 2025 registered for
the offence under Sections 126(2), 115(2), 109(1), 303(2),
118(1) and 3(5) of the B.N.S.
3. As per the prosecution case, unknown criminals
have assaulted and looted the victim.
4. It has been submitted by the learned counsel for
the petitioners that the petitioners are innocent and they have
falsely been implicated in this case. It is next submitted that the
Patna High Court CR. MISC. No.5115 of 2026(3) dt.24-02-2026
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petitioners are named by the victim in the FIR because of an
earlier dispute between them. Petitioners have clean antecedent.
5. Learned A.P.P. for the State opposes the prayer
for anticipatory bail of the petitioners.
6. Considering the aforesaid facts, this application
is allowed.
7. Let the petitioners, above named, in the event of
their arrest or surrender before the concerned Court below
within four weeks from today, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties
of the like amount each to the satisfaction of the learned C.J.M.,
Nalanda at Biharsharif/ concerned Court below in connection
with Laheri P.S. Case No. 511 of 2025, subject to the conditions
laid down in Section 438(2) of the Code of Criminal Procedure,
1973 / Section 482 of the BNSS.
(Sandeep Kumar, J)
tusharika/-
U T
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