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Patna High Court

Saurabh Kumar @ Sonu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                          2/2




                        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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