Patna High Court
Saurav Kumar @ Hannu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application, subject to specified conditions, under Section 438(2) of the Cr.P.C.
Summary
Petitioners Saurav Kumar and Gaurab Kumar sought anticipatory bail fearing arrest in a case involving offences under several sections of the Indian Penal Code, the MMDR Act and the B.M.M Illegal Transportation & Storage Rules. They contended that they were falsely implicated, not owners or drivers of the alleged tractor, and that the informant’s allegations were motivated by personal enmity. The State opposed the bail, arguing the seriousness of the offences. The Court, after considering the submissions, granted anticipatory bail on the condition that the petitioners surrender within six weeks, furnish bail bonds of Rs.10,000 with two sureties each, and cooperate with the investigation. The order also allowed the trial court to cancel the bail if the petitioners fail to cooperate. Consequently, the anticipatory bail application was allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 of the Criminal Procedure Code despite the serious nature of the offences alleged.
- Whether the petitioners’ alleged lack of involvement and claim of false implication justify the grant of bail.
Legislation cited
- Indian Penal Code — s. 147, 149, 307, 323, 341, 353, 379, 411, 504
Subjects
- anticipatory bail
- Section 438 CrPC
- false implication
- IPC offences
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71000 of 2025
Arising Out of PS. Case No.-291 Year-2021 Thana- FATEHPUR District- Gaya
======================================================
1. Saurav Kumar @ Hannu Kumar Son of Sunil Singh Residence of Village -
Bedaun, P.S.- Fatehpur, District - Gaya.
2. Gaurab Kumar @ Monu Kumar Son of Sunil Singh Residence of Village -
Bedaun, P.S.- Fatehpur, District - Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Binay Kumar, Advocate
For the Opposite Party/s : Mr. Yogendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 11-02-2026 1. Heard learned counsel for the petitioners and the
learned APP for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 147, 149,
379, 411, 341, 323, 353, 307 and 504 of the Indian Penal Code
& Section 21 of MMDR Act and Section 56 of B.M.M illegal
Transportation & Storage Rules, 2021.
3. Learned counsel for the petitioners submits that
petitioners have antecedent of two cases and the informant
alleges that driver leaving the tractor laden with sand fled,
thereafter 30-40 accused came and assaulted the police force
leading to injuries to several policemen, petitioners along with
Patna High Court CR. MISC. No.71000 of 2025(2) dt.11-02-2026
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others were identified by the Chowkidar.
4. Learned counsel for the petitioners submits that
petitioners have been falsely implicated in the present case, it is
next submitted petitioners are neither the owner nor the driver of
the alleged tractor as such there was no occasion for the
petitioners to reach the place of occurrence, it is next submitted
that since petitioners reside nearby to the place of occurrence
and have antecedent, as such they came to be implicated at the
instance of Chowkidar with whom they are on an inimical term.
It is also 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, 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. 10,000/- (Rupees Ten Thousand) each 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 Fatehpur P.S. Case No. 291 of 2021 subject to
the conditions as laid down under Section 438 (2) of the Cr.P.C.
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7. One of the bailors of the petitioners shall be their
father, Sunil Sigh.
8. However, it is made clear that in the event if the
Investigating Officer of the case files an application before the
learned Trial Court bringing to its notice that petitioners despite
giving assurance to this Court are not co-operating in the
investigation, in that event the learned Trial Court shall be at
liberty to cancel the bail bonds of the petitioners.
9. Let a copy of this order be sent to the concerned
police station through the learned Trial Court.
10. Accordingly, the instant anticipatory bail
application stands allowed.
(Satyavrat Verma, J)
Rishabh/-
U T
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