Patna High Court
Ridhi KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted anticipatory bail to the petitioners.
Summary
The petitioners, four residents of Kewali village, feared arrest in connection with Sono Police Station Case No. 153 of 2025, which alleged offences under Sections 191(2), 190(2), 303(2), 352, 351(1) and 109 of the BNSS. They claimed to be agnates of the informant and asserted that the case stemmed from a property dispute, insisting on their innocence and a clean antecedent. The State opposed their prayer for anticipatory bail, arguing that the allegations warranted detention. The Court examined the petitioners’ claim of false implication and their clean record, and found no compelling reason to deny bail. Consequently, the Court granted anticipatory bail, directing the petitioners to furnish a bail bond of Rs.10,000 with two sureties, subject to the conditions of Section 438(2) CrPC and Section 482 of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 of the CrPC in view of the alleged offences?
- Whether the allegations and the nature of the dispute justify denial of bail?
Legislation cited
- B.N.S. — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 BNSS
- false implication
- property dispute
- clean antecedent
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73703 of 2025
Arising Out of PS. Case No.-153 Year-2025 Thana- SONO District- Jamui
======================================================
1. Ridhi Kumar S/o- Kundan Singh Resident of Village- Kewali, P.S.- Sono,
Dist- Jamui
2. Nityanand Singh S/o- Late Din Narayan Singh Resident of Village- Kewali,
P.S.- Sono, Dist- Jamui
3. Kundan Kumar @ Kundan Kumar Singh S/o- Late Ganga Singh Resident of
Village- Kewali, P.S.- Sono, Dist- Jamui
4. Madhav Kumar S/o- Murari Singh Resident of Village- Kewali, P.S.- Sono,
Dist- Jamui
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Saurav Anand, Advocate
For the Opposite Party/s : Mr.Tarun Prasad Mandal, 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 Sono P.S. Case No. 153 of 2025 registered for
the offence under Sections 191(2), 190(2), 303(2), 352, 351(1)
and 109 of the B.N.S.
3. As per the prosecution case, petitioners are the
agnates of the informant and there is a dispute with regard to
their residential house.
4. It has been submitted by the learned counsel for
Patna High Court CR. MISC. No.73703 of 2025(3) dt.10-03-2026
2/2
the petitioners that the petitioners are innocent and they have
falsely been implicated in this case. It is next submitted that
there is a case and counter case between the parties. Petitioners
have clean antecedent.
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.-II, Jamui/ concerned Court below in connection with
Sono P.S. Case No. 153 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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