Patna High Court
Bobby Kumar @ Bobby Singh @ Booby SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted anticipatory bail to the petitioners, subject to bond and surety conditions.
Summary
The petitioners, Bobby Kumar and Raushan Kumar, feared arrest in connection with a Hasanpur police case (No.147 of 2025) involving alleged offences under the Bihar Narcotic Substances (BNSS) Act, 2023 and the Arms Act. Seven cartridges were recovered from the road, but the petitioners were not apprehended at the scene. They contended that they had no involvement in the recovery and were being falsely implicated due to political affiliations. The court, after hearing counsel, noted the lack of immediate apprehension and the petitioners' denial of involvement, and consequently allowed the anticipatory bail application. The order directed that, if arrested within six weeks, each petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 482 of the BNSS Act and Section 438(2) of the Code of Criminal Procedure, 1973.
Issues considered
- The petitioners' entitlement to anticipatory bail under Section 438 CrPC in light of the alleged narcotic and arms offences.
- Whether the absence of on‑the‑spot apprehension and lack of direct evidence justify granting bail.
- Whether the seriousness of the offences under the BNSS Act and Arms Act warrants denial of bail.
Legislation cited
- Arms Act — s. 25(1‑B)A, 26, 35
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 BNSS
- narcotic offences
- arms offences
- high court
- bail conditions
- political influence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75711 of 2025
Arising Out of PS. Case No.-147 Year-2025 Thana- HASANPUR District- Samastipur
======================================================
1. Bobby Kumar @ Bobby Singh @ Booby Singh S/o Kanhaiya Singh R/o
Vill- Nayanagar, PS- Hasanpur, Distt- Samstipur
2. Raushan Kumar @ Roshan Kumar S/o Late Suresh Mahto R/o Vill-
Nayanagar, PS- Hasanpur, Distt- Samstipur
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Madhav Kumar, Advocate
For the Opposite Party : Mr. Anil Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 10-03-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend arrest in
connection with Hasanpur P.S. Case No.147 of 2025 registered
for the offence under sections 115(2), 126(2), 127(2), 132, 352,
351(2) of the B.N.S., 2023 and under sections 25(1-B)A, 26/35
of the Arms Act.
3. Seven cartridges were recovered from the
road. The petitioner was not caught on the spot.
4. Learned counsel for the petitioners submits
that the petitioners are in no way connected with the alleged
recovery of cartridges. He further submits that the petitioners
have falsely been implicated in this case since they are the son
Patna High Court CR. MISC. No.75711 of 2025(3) dt.10-03-2026
2/2
and supporter of present Mukhiya.
5. Considering the submissions made on
behalf of the petitioners and also the fact that the petitioners
have not been caught on the spot, this application is allowed.
6. Accordingly, in the event of arrest or
surrender before the Court below within six weeks from today,
the petitioner, above named, be released on bail upon furnishing
bail bonds 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, Rosera, Samastipur / concerned Court below, in
connection with Hasanpur P.S. Case No.147 of 2025, subject to
the conditions laid down in section 482 of the BNSS / 438(2) of
the Code of Criminal Procedure, 1973.
(Sandeep Kumar, J)
pawan/-
U T
Checking your session…