Patna High Court
Ketan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail was granted to the petitioner subject to bond and surety conditions.
Summary
Petitioner Ketan Kumar was arrested in a case registered under Sections 329(4), 352, 351(2), 3(5) of the B.N.S., 2023 and Section 27 of the Arms Act. He claimed he had a clean antecedent and that the informant had falsely implicated him due to a personal dispute involving the informant's son. The petitioner argued that the FIR allegations were vague, no injury resulted from the alleged firing, and he would cooperate with the investigation. The State opposed the anticipatory bail application. The court, after considering the petitioner's clean record, the lack of concrete evidence, and his willingness to cooperate, granted anticipatory bail subject to a bond of Rs.25,000 and two sureties, with conditions under Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the FIR
- Whether the allegations in the FIR constitute sufficient ground to deny bail
Legislation cited
- Arms Act — s. 27
- B.N.S., 2023 — s. 329(4), 3(5), 351(2), 352
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- false implication
- FIR
- criminal procedure
- arms act
- section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81631 of 2025
Arising Out of PS. Case No.-30 Year-2025 Thana- GORAUL District- Vaishali
======================================================
Ketan Kumar Son of Awdhesh Singh Resident Of Village -Manjiya, Ps
-Goraul, (Kathara OP), Dist -Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shivjee Singh, Advocate
For the Opposite Party/s : Mr. Abhay Kumar Roy, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offences punishable under Sections 329(4), 352, 351(2) and
3(5) of B.N.S., 2023 as well as Section 27 of the Arms Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and the informant
alleges that on account of dispute of PACS Chairman (Ranjeet
Singh) with her son Abhishek Kumar in a marriage, the accused
persons came to her house looking for Abhishek, but he was not
present thereafter accused left threatening and even fired in the air.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant. It is next submitted that from perusal of the allegations,
Patna High Court CR. MISC. No.81631 of 2025(2) dt.17-02-2026
2/2
as alleged in the FIR, it would manifest that the informant alleges
that her son Abhishek had dispute with Ranjeet in a marriage on
account of which the occurrence is alleged to have taken place. It
is further submitted that even allegation of firing is general and
omnibus in nature and no one was injured in the firing. It is next
submitted that petitioner will not abscond rather will cooperate in
the investigation to prove his innocence.
5. Learned APP opposes the anticipatory bail
application.
6. Considering the submissions made by the learned
counsel for the petitioner, let petitioner, above-named, in the event
of his arrest or surrender within a period of six weeks from today,
be released on bail on furnishing bail bond of Rs.25,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of learned Additional Chief Judicial Magistrate-I,
Vaishali at Hajipur in connection with Goraul P.S. Case No.30 of
2025, subject to the conditions as laid down under Section 482(2)
of the B.N.S.S.
(Satyavrat Verma, J)
Sanjay/-
U T
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