Patna High Court
Saurabh SumanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted anticipatory bail to the petitioner.
Summary
The petitioner, Saurabh Suman, sought anticipatory bail after learning that he might be arrested in a case registered under Sections 119(1), 308(2), 308(4), 308(5) and 61(2) of the B.N.S. for alleged extortion involving a demand of Rs.5 crore. The prosecution’s case was based on a bag found at an informant’s house, a threatening letter, and a phone call demanding money, with the petitioner’s name emerging only from the confessional statements of co‑accused Anand Kumar and Deepa Kumari Gupta. The petitioner argued that he was not named in the FIR, owned none of the mobile numbers used, and had clean antecedents, asserting no material evidence linked him to the offence. The State opposed the anticipatory bail. Considering the lack of substantive evidence beyond the confessional statements and the petitioner’s clean record, the court allowed the anticipatory bail, directing a bail bond of Rs.10,000 with two sureties, subject to Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted when the only link to the petitioner is a co‑accused’s confessional statement.
- Whether the allegations constitute a cognizable offence warranting arrest without further evidence.
- Whether the conditions under Section 482(2) of the B.N.S.S. justify granting bail.
Legislation cited
Subjects
- anticipatory bail
- extortion
- confessional statement
- clean antecedents
- Section 482
- criminal procedure
- bail
- FIR
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84488 of 2025
Arising Out of PS. Case No.-898 Year-2025 Thana- MOTIHARI TOWN District- East
Champaran
======================================================
Saurabh Suman Son of Prem Kumar Vill- Miscout Near Gyan Babu Chowk,
Ward no.21, P.S- Pachpakadi, Dist- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Rahul Kumar, Advocate
For the State : Mr. Sanjay Kumar Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 06-01-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 119(1),
308(2), 308(4), 308(5) and 61(2) of the B.N.S..
3. The prosecution case, in brief, is that on 04.09.2025
at about 2:10 PM, some unknown persons threw a bag in the
house of informant and on search, one broken bottle of beer and
a letter was found. In the letter, there was demand of Rangdari
of Rs. 5,00,00,000/- and threat of dire consequences if the same
is not given. It is further alleged that on 05.09.2025, a phone call
from mobile No. +9779761105372 came on the mobile phone of
the informant and again demanded extortion.
Patna High Court CR. MISC. No.84488 of 2025(2) dt.06-01-2026
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4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. Petitioner is not named in the F.I.R..
Name of petitioner transpired in this case during course of
investigation, merely on the basis of confessional statement of
co-accused Anand Kumar and Deepa Kumari Gupta. Save and
except confessional statement, there is no material on record to
show the complicity of this petitioner in the alleged offence.
Petitioner is not the owner of the mobile number from which the
demand of extortion was made. Petitioner claims clean
antecedents.
5. 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, general and omnibus nature of accusation and clean
antecedents of the petitioner, the prayer for grant of anticipatory
bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioner be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.84488 of 2025(2) dt.06-01-2026
3/3
each to the satisfaction of learned Chief Judicial Magistrate,
Motihari, East Champaran in connection with Motihari Town
P.S. Case No. 898 of 2025, subject to condition as laid down
under Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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