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Patna High Court

Vivek Vibhuti Saurabh @ Vivek SaurabhversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The application is not maintainable and is dismissed.

Summary

Vivek Vibhuti Saurabh filed an application fearing arrest in a case registered under Sections 126(2), 115(2), 316(2), 318(4), 324(4), 352 and 351(2) of the Bharatiya Nyaya Sanhita, alleging that he had cheated an informant of Rs. 4 lakh. The petitioner sought relief, presumably anticipatory bail, but the High Court examined the maintainability of the application in light of the Supreme Court’s decision in Arnesh Kumar v. State of Bihar (2014) 8 SCC 273. The Court observed that the lower court’s grant of relief was inconsistent with the principles laid down in Arnesh Kumar, which require strict compliance with procedural safeguards before arrest. Consequently, the High Court held that the petition was not maintainable. The application was dismissed, leaving the petitioner without the sought relief.

Issues considered

  • Whether the anticipatory bail application is maintainable under the Bharatiya Nyaya Sanhita.
  • Whether the principles laid down in Arnesh Kumar v. State of Bihar apply to the present case.

Legislation cited

Subjects

  • anticipatory bail
  • maintainability
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • Arnesh Kumar precedent
  • arrest
  • cheating

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.73796 of 2025
                     Arising Out of PS. Case No.-679 Year-2024 Thana- CHAPRA TOWN District- Saran
                 ======================================================
                 Vivek Vibhuti Saurabh @ Vivek Saurabh Son of Sanjay Kumar Verma @ R
                 Srivastava Resident Of Village- C- 304, Satyam Apartment, Plot No.88,
                 Sector 19, Kharghar, Reliance Fresh Kharghar, Raigarh PS -Kharghar District
                 -Raigad Maharashtra R/O- (As Alleged in FIR), Mauna Sadha Road, Town
                 thana, Saran bihar

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Shekhar Gupta@Shekhar Suman S/o Harishankar Prasad R/o- Mauna Sada
                 Road, Chapra P.S. - Town District - Saran, Bihar.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr.Rounak Sinha, Advocate
                 For the State           :        Mr.Jharkhandi Upadhyay, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   12-03-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The notice has been served upon opposite party

                   no. 2.

                                3. The petitioner apprehends arrest in connection

                   with Town P.S. Case No. 679 of 2024 instituted under Sections

                   126(2), 115(2), 316(2), 318(4), 324(4), 352 and 351(2) of the

                   Bharatiya Nyaya Sanhita.

                                4. The petitioner is alleged to have cheated the

                   informant of Rs. 4 lakhs.

                                5. The present application is not maintainable in light
           Patna High Court CR. MISC. No.73796 of 2025(3) dt.12-03-2026
                                                       2/2




                     of the judgment of the Hon’ble Supreme Court in the case of

                     Arnesh Kumar Vs. State of Bihar reported in (2014) 8 SCC

                     273.

                                  6. The Court below has granted same relief to the

                     petitioner and directed to police to consider the case of the

                     petitioner in light of the judgment of the Hon’ble Supreme

                     Court in the case of Arnesh Kumar Vs. State of Bihar reported

                     in (2014) 8 SCC 273.

                                  7. This application is held to be not maintainable and

                     the same is dismissed.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T


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