Patna High Court
Sahil KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied because the accusations were specific, direct and involved grave offences.
Summary
The petitioners, Sahil Kumar and Mukesh Kumar, applied for anticipatory bail fearing arrest in a case registered under Sections 316(2), 318(4), 352, 351(2) and 3(5) of the B.N.S. The prosecution alleges that they, together with other accused, misappropriated money deposited by an informant, assaulted the informant when he attempted to withdraw the matured amount, and refused to return the money. The petitioners contend they are innocent, falsely implicated and have clean antecedents. The State opposed the bail, stressing the specific accusations and the seriousness of the offences. Considering the direct nature of the allegations and the gravity of the offences, the court rejected the anticipatory bail application. Consequently, the petition was dismissed.
Issues considered
- Whether anticipatory bail should be granted to the petitioners in view of the specific accusations under Sections 316(2), 318(4), 352, 351(2) and 3(5) of the B.N.S.
Legislation cited
- B.N.S. — s. 316(2), 318(4), 3(5), 351(2), 352
Subjects
- anticipatory bail
- misappropriation
- assault
- B.N.S.
- criminal law
- sections 316
- sections 318
- sections 352
- sections 351
- sections 3
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7053 of 2026
Arising Out of PS. Case No.-272 Year-2025 Thana- PARSABAZAR District- Patna
======================================================
1. Sahil Kumar Son of Awdhesh Paswan @ Awadhesh Paswan R/o New Sipara
Matkhan, P.S.- Beur, District - Patna
2. Mukesh Kumar Son of Awdhesh Paswan @ Awadhesh Paswan R/o New
Sipara Matkhan, P.S.- Beur, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Mr. Patanjali Rishi, Advocate
For the State : Mr. Mohammad Sufyan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 19-02-2026 Heard learned counsel appearing on behalf of the
petitioners and learned APP appearing on behalf of the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Sections 316(2),
318(4), 352, 351(2) and 3(5) of the B.N.S..
3. As per prosecution case, it is alleged that these
petitioners, along with other F.I.R. named accused persons,
misappropriated the money which was deposited by informant
and others in the company and thereafter, when the informant
went to withdraw the matured amount, they misbehaved with
them, assaulted informant and others and refused to return the
matured amount.
Patna High Court CR. MISC. No.7053 of 2026(2) dt.19-02-2026
2/2
4. It is submitted by learned counsel appearing on
behalf of the petitioners that petitioners are quite innocent and
have committed no offence. Petitioners have falsely been
implicated in this case with ulterior motive. Petitioners claim
clean antecedents.
5. On the other hand, learned A.P.P. for the State has
vehemently opposed the prayer for grant of anticipatory bail to
the petitioners and submitted that petitioners are named in the
F.I.R. and there is specific accusation that they, along with other
accused persons, misappropriated the money which was
deposited by informant and others and also abused and assaulted
them.
6. Considering the facts and circumstances of the
case, specific and direct nature of accusation and gravity of
offence, the prayer for grant of anticipatory bail to the
petitioners is rejected.
(Prabhat Kumar Singh, J)
shashank/-
U T
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