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Patna High Court

Sushant KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, subject to the conditions prescribed under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.

Summary

Sushant Kumar applied for anticipatory bail in a criminal case registered under Section 85 of the Bihar Narcotic Substances Act and Section ¾ of the Dowry Prohibition Act. He feared arrest and sought relief under Section 438 of the Criminal Procedure Code. The petitioner’s wife, Nikki Kumari, testified that the marital dispute had been settled, she had received Rs. 6,00,000 by demand draft, and they had filed for mutual‑consent divorce, indicating she would not oppose the bail. The court considered the settlement, the nature of the offences, and the statutory provisions governing anticipatory bail. It held that the petitioner was entitled to anticipatory bail, subject to the usual conditions, and ordered his release on bail bonds with sureties. The order was made subject to compliance with Section 438(2) Cr.P.C. and Section 482(2) of the Bihar Narcotic Substances Act.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 Cr.P.C. in view of the pending offences under the Bihar Narcotic Substances Act and the Dowry Prohibition Act.
  • Whether the settlement between the petitioner and his wife affects the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Criminal Procedure Code
  • Bihar Narcotic Substances Act
  • Dowry Prohibition Act
  • settlement
  • mutual consent divorce
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.70990 of 2025
                  Arising Out of PS. Case No.-1370 Year-2024 Thana- SAMASTIPUR COMPLAINT CASE
                                                    District- Samastipur
                 ======================================================
                 Sushant Kumar, S/o Late Phooldev Sah @ Phool Deo Shaw, R/o Village -
                 Mirzapur, P.S.- Vidyapatinagar, District-Samastipur. At present-113
                 Hemchandra Naskar Road,Belaghata, Kolkata-700010

                                                                            ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar
           2.    Nikki Kumari, W/O Sushant Kumar, R/O Village - Vamora, P.S-
                 Vidyapatinagar, District- Samastipur.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Amit Kumar, Advocate
                 For the Opposite Party/s :    Mr. Nand Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   15-04-2026                  Heard learned counsel for the petitioner, learned

                   A.P.P. for the State and learned counsel for the O.P. No. 2.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 85 of the

                   B.N.S as well as Section ¾ of the D.P. Act.

                                3. Learned counsel for the O.P. No. 2, at the outset

                   submits that the dispute in between the petitioner and the O.P.

                   No. 2 has been resolved and the O.P. No. 2 has accepted an

                   amount of Rs. 6,00000/- (Rs. Six lac) by way of demand draft

                   and the parties have also filed an application seeking divorce by

                   mutual consent. It is further submitted that she has instruction

                   not to oppose the anticipatory bail application. It is also
            Patna High Court CR. MISC. No.70990 of 2025(3) dt.15-04-2026
                                                        2/2




                      submitted that the instant criminal case shall be withdrawn

                      subsequently.

                                   4. Learned counsel for the petitioner also does not

                      dispute the said submission of O.P. No. 2.

                                   6. After hearing the submissions made by the learned

                      counsel appearing on behalf of the parties, let the petitioner,

                      above-named, in the event of his arrest or surrender within a

                      period of six weeks from today, be released on anticipatory bail

                      on furnishing bail bonds of Rs.1,000/- (Rupees One Thousand)

                      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 Complaint Case C.R. No. 1370 of

                      2024, subject to the conditions as laid down under Section

                      438(2) of the Cr.P.C./482(2) of the B.N.S.S.


                                                (Satyavrat Verma, J)

khushbu/-

U      T


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