Patna High Court
Uttam Kumar @ Uttam Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the anticipatory bail application, granting bail to the petitioners subject to conditions.
Summary
The petitioners, Uttam Kumar and Abhishek Kumar, sought anticipatory bail fearing arrest in connection with Shahpur Police Station Case No. 181 of 2025, which involved offences under multiple sections of the B.N.S. arising from a raid on 13 July 2025 where a crowd attacked police. The prosecution alleged that the accused participated in the assault, causing injuries and seizing weapons. The petitioners contended they were falsely implicated and highlighted their prior criminal antecedents. The State opposed the bail, arguing the seriousness of the charges. The High Court, considering the facts and the provisions of Section 438 of the CrPC and Section 482 of the B.N.S., allowed the anticipatory bail, directing release upon furnishing a bail bond of Rs. 10,000 with two sureties, subject to conditions. The order was made effective if the petitioners are arrested or surrender within four weeks.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under Section 438 of the CrPC and Section 482 of the B.N.S. despite the serious nature of the offences and their prior criminal antecedents
Legislation cited
- B.N.S. — s. 109(1), 115(2), 117(2), 121(1), 125, 126(2), 127(2), 132, 190, 191(2), 191(3), 303(2), 482
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 B.N.S.
- criminal antecedent
- police raid
- assault on police
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73587 of 2025
Arising Out of PS. Case No.-181 Year-2025 Thana- SAHPUR District- Bhojpur
======================================================
1. Uttam Kumar @ Uttam Kumar Yadav S/o Dindayal Yadav Resident of
Village - Shahpur, Police Station - Shahpur, District - Bhojpur
2. Abhishek Kumar @ Abhishek Yadav S/o Dindayal Yadav Resident of
Village - Shahpur, Police Station - Shahpur, District - Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar Singh, Advocate
For the Opposite Party/s : Mr.Anand Kishore Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 10-03-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners apprehend their arrest in
connection with Shahpur P.S. Case No. 181 of 2025 registered for
the offence under Sections 191(2), 191(3), 190, 126(2), 127(2),
115(2), 117(2), 109(1), 132, 121(1), 125, 303(2) of the B.N.S.
3. As per the prosecution case, during a raid on
13.07.2025 for illegal wine, about 50 persons attacked police with
bricks, lathi and iron rods fracturing the informant’s head, hand
and foot. The accused persons also snatched his rifle and mobile.
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.73587 of 2025(3) dt.10-03-2026
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victim and others are accused of killing the deceased which is the
subject matter of FIR of Shahpur P.S. Case No. 177/2025 and the
present case is counter blast of Shahpur P.S. Case No. 177/2025 .
Petitioner no. 1 has one criminal antecedent and petitioner no. 2
has two criminal antecedents.
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 A.C.J.M. 1 st, Arrah,
Bhojpur/ concerned Court below in connection with Shahpur P.S.
Case No. 181 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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