Patna High Court
Sujant Kumar @ Surjant KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court ordered anticipatory bail for the petitioners subject to the conditions prescribed under Section 482(2) of the Bharatiya Nyaya Sanhita.
Summary
Four residents of Hemra village were named in an FIR for offences under Sections 126(2), 115(2), 132, 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita. They applied for anticipatory bail, arguing that the offences carry a maximum punishment of seven years, they were given the benefit of Section 35 BNSS, and the police never felt the need to arrest them while they cooperated with the investigation. The State opposed the bail. The Patna High Court, after considering the submissions, granted anticipatory bail to the petitioners, subject to a bond of Rs.10,000 with two sureties and the conditions laid down under Section 482(2) of the BNSS, and directed that the bail be released if they are arrested or surrender within six weeks.
Issues considered
- Whether anticipatory bail can be granted when the alleged offences carry a maximum punishment of seven years and the police did not deem arrest necessary.
- Whether the benefit of Section 35 of the Bharatiya Nyaya Sanhita and the petitioners' cooperation justify granting anticipatory bail.
- Whether the State's opposition is sufficient to deny anticipatory bail in the present circumstances.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 115(2), 126(2), 132, 3(5), 35, 351(2), 352, 482(2)
Subjects
- anticipatory bail
- Bharatiya Nyaya Sanhita
- Section 35
- Section 482
- criminal procedure
- police discretion
- bail conditions
- offences punishable up to seven years
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74087 of 2025
Arising Out of PS. Case No.-41 Year-2025 Thana- Sarbahada District- Gaya
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1. Sujant Kumar @ Surjant Kumar S/O Sambhu Sharan R/O Village-Hemra
P.S.- Khizersarai, District- Gaya, State- Bihar.
2. Guddu Kumar S/O Ramdeo Mahto @ Ramdeo Prasad R/O Village-Hemra
P.S.- Khizersarai, District- Gaya, State- Bihar.
3. Ranjit Kumar S/O Kamanand Mahto @ Karmanand R/O Village-Hemra
P.S.- Khizersarai, District- Gaya, State- Bihar.
4. Prince Kumar @ Vivek Kumar S/O Parmanand Mahto @ Parmanand Prasad
R/O Village-Hemra P.S.- Khizersarai, District- Gaya, State- Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Prithivi Raj Singh
For the Opposite Party/s : Mr.Md. Shakir Ahmad
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 11-02-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 126(2),
115(2), 132, 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita.
3. Learned counsel for the petitioners submits that the
offences for which the instant FIR has been instituted, carries
punishment of seven years and less, as such petitioners were
given the benefit of Section 35 BNSS and the petitioners during
the course of investigation cooperated and police never felt the
Patna High Court CR. MISC. No.74087 of 2025(2) dt.11-02-2026
2/2
need of arresting the petitioners, but then charge-sheet came to
be submitted based on which cognizance came to be taken,
hence petitioners apprehend arrest. It is next submitted that
when police during the course of investigation never felt the
need of arresting the petitioners and petitioners cooperated in
the investigation, whether it would be prudent for the court to
send the petitioners to jail.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
5. 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 Sarbahda P.S. Case No. 41 of 2025 subject to the
conditions as laid down under Section 482 (2) of the BNSS.
(Satyavrat Verma, J)
Sumit/-
U T
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