Patna High Court
Sandeep KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to the petitioners subject to the conditions imposed under Section 438(2) Cr.P.C. and Section 482(2) BNSS.
Summary
The petitioners, two young brothers aged 21 and 23, were implicated in a FIR for offences under Section 309(4) and later Section 317(2) of the Bihar Negotiable (BNS) Act, based on an informant’s claim that unknown assailants looted a tractor at gunpoint. They argued that the FIR named unknown persons and that their names appeared only in a co‑accused’s confessional statement, which they contended lacks evidentiary value. The petitioners, who have clean antecedents and are college students, sought anticipatory bail, asserting that detention would jeopardise their education and future. The State opposed the bail. The High Court, after considering the submissions, granted anticipatory bail subject to a bond of Rs.25,000 each, two sureties, the father as a bailor, and compliance with Section 438(2) Cr.P.C. and Section 482(2) BNSS, with a condition that bail may be cancelled if they fail to cooperate with the investigation.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 Cr.P.C.
- Whether the confessional statement of the co‑accused provides sufficient basis to detain the petitioners
- Whether the petitioners are likely to abscond or tamper with evidence
Legislation cited
Subjects
- anticipatory bail
- Section 309
- Section 317
- confessional statement
- clean antecedent
- bail conditions
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69866 of 2025
Arising Out of PS. Case No.-110 Year-2025 Thana- MAHALGAON District- Araria
======================================================
1. Sandeep Kumar Son of Virendra Vishwas @ Birendra Vishwas Resident of
Village - Ward No.- 9 Kochli, Dagarua, P.S.- Dagarua, District - Purnea.
2. Karan Kumar Son of Virendra Vishwas @ Birendra Vishwas Resident of
Village - Ward No.- 9 Kochli, Dagarua, P.S.- Dagarua, District - Purnea.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bijendra Kumar Singh, Advocate
For the Opposite Party/s : Mr. Prem Kumar Jha, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
5 27-02-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Section 309(4) of
the BNS and subsequently Section 317(2) of the BNS was
added.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and are young
boys aged about 21 years and 23 years and the informant alleges
that four unknown accused intercepted him and looted his
tractor on point of pistol.
4. Learned counsel for the petitioners submits that
FIR was against unknown and name of the petitioners transpired
Patna High Court CR. MISC. No.69866 of 2025(5) dt.27-02-2026
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in the confessional statement of co-accused, namely, Abhishek
Kumar Mandal in police custody which does not have any
evidentiary value. It is further submitted that a supplementary
affidavit has been filed bringing on record the educational
qualification of the petitioners. It is next submitted that
petitioner no. 1 is a student of K.B. Jha College, Katihar and is
presently pursuing Chemistry Honours and petitioner no. 2 is a
student of National Degree College, Rambagh, Purnea, Bihar as
would manifest from Annexure-2 series to the supplementary
affidavit. It is also submitted that in the nature of allegation, if
the petitioners are sent to judicial custody their entire career
would get jeopardized and chances are bright that they may
come in contact with the hardened criminals. It is submitted that
petitioners will not abscond rather will cooperate in the
investigation to prove their innocence.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners let 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.25,000/- (Rupees Twenty-five Thousand) each with
Patna High Court CR. MISC. No.69866 of 2025(5) dt.27-02-2026
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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 Mahalgaon P.S. Case No. 110 of 2025, subject
to the conditions as laid down under Section 438(2) of the
Cr.P.C./482(2) of the BNSS.
7. One of the bailors of the petitioners shall be their
father, namely, Virendra Vishwas @ Birendra Vishwas.
8. However, if the investigating officer of the case
files an application before the learned trial court bringing to its
notice that the petitioners despite giving assurance to this Court
are not cooperating in the investigation, the learned trial court
shall be at liberty to cancel the bail bonds of the petitioners.
(Satyavrat Verma, J)
Kundan/-
U T
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