Patna High Court
Sohan Kumar @ Sohan Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The Court allowed the petition for anticipatory bail, finding no sufficient ground to deny bail.
Summary
The petitioner, Sohan Kumar, sought anticipatory bail fearing arrest in a case registered under Section 140(2) of the Bharatiya Nyaya Sanhita, 2023 for alleged extortion. The prosecution’s case is based on an informant’s allegation against another accused, Awadhesh Kumar, and a confessional statement of co-accused Keshav Kumar that mentions the petitioner, though the FIR does not name him. The petitioner argued that no overt act was alleged against him, the victim’s statements under Sections 180 and 183 of the B.N.S. did not name him, and he has no criminal antecedent. The State opposed the bail. The Court, after considering the submissions, granted anticipatory bail under Section 438 of the CrPC read with Section 482 of the Bharatiya Nagarik Suraksha Sanhita, imposing standard conditions and a four‑week validity period.
Issues considered
- Whether anticipatory bail can be granted when the petitioner is not named in the FIR but is mentioned in a co‑accused’s confessional statement.
- Whether the absence of specific allegations of an overt act and lack of criminal antecedent justify bail under Section 438 CrPC and Section 482 B.N.S.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 140(2), 180, 183
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- extortion
- Section 140(2) B.N.S.
- Section 438 CrPC
- Section 482 B.N.S.
- criminal antecedent
- co-accused statement
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81863 of 2025
Arising Out of PS. Case No.-126 Year-2025 Thana- DALSINGHSARAI District- Samastipur
======================================================
Sohan Kumar @ Sohan Kumar Yadav, Son of Virendra Ray @ Lalan Yadav,
R/o Village- Bajopur, Gobindpur, P.S.- Mansurchak, District- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Sinha, Adv.
For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 15-01-2026 Heard the learned counsel for the petitioner and the
learned A.P.P. for the State.
2. The petitioner is apprehending his arrest in
connection with Dalsing Sarai P.S. Case No. 126 of 2025
registered for the offence(s) under Section(s) 140(2) of the
Bharatiya Nyaya Sanhita, 2023 (B.N.S.).
3. As per the prosecution case, the informant has
alleged that the named accused person, namely, Awadhesh
Kumar had taken along her husband, namely, Rajiv Kumar with
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him and when she tried to contact her husband, she was
informed that she should arrange for Rs. 20,00,000/- as
extortion money; otherwise her husband would be killed.
4. The learned counsel for the petitioner submits that
the petitioner is not named in the F.I.R. and his name has
transpired in the confessional statement of co-accused, namely,
Keshav Kumar. It has further been submitted that no specific
allegation of overt act has been alleged against the petitioner
even by the co-accused and moreover, the victim, namely, Rajiv
Kumar in his statement under Section 180 as well as under
Section 183 of the B.N.S.S. has not named the petitioner. It has
lastly been submitted that the petitioner carries no criminal
antecedent.
5. The learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
6. Considering the facts and circumstances of the
case and the submissions advanced on behalf of the parties, let
the petitioner, above-named, be released on anticipatory bail, in
the event of his arrest or surrender before the concerned
Court/successor Court within a period of four weeks from today,
on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees
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Ten Thousand) with two sureties of the like amount each to the
satisfaction of the concerned Court/successor Court where the
case is pending in connection with Dalsing Sarai P.S. Case No.
126 of 2025, subject to the conditions as laid down under
Section 438(2) of the Code of Criminal Procedure, 1973 read
with corresponding Section 482(2) of the Bharatiya Nagarik
Suraksha Sanhita, 2023 (B.N.S.S.) as well as subject to the
following conditions :
(i) One of the bailors of the petitioner shall be his
close relative and the other shall be a local resident.
(ii) The petitioner shall remain physically present
before the concerned Court on each and every date of the
trial and shall cooperate in the investigation.
(iii) In case of absence for two consecutive occasions
or in violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the concerned
Court.
(iv) If the petitioner, in future, is found to be
involved in similar nature of offence(s), the prosecution
shall be at liberty to move for cancellation of his bail
bond.
(v) The concerned Court shall verify the criminal
antecedent of the petitioner and in case, at any stage, it is
found that he has concealed his criminal antecedent, the
Court concerned shall take necessary steps for cancellation
of his bail bond. However, the acceptance of bail bond in
terms of the above-mentioned order shall not be delayed
for purpose of or in the name of verification.
7. It is made clear that the observations, if any, made
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in this order, shall be of no bearing during the trial.
8. The application stands allowed.
(Sourendra Pandey, J)
Praveen-II/-
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