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Patna High Court

Yuvraj Kumar @ Chotu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, subject to bond and surety conditions under Section 482(2) of the BNSS.

Summary

The petitioner, Yuvraj Kumar, sought anticipatory bail after being implicated in a case alleging that a child was killed by a tractor, leading to charges under Sections 191(2), 191(3), 190, 324(3) and 132 of the Bharatiya Nyaya Sanhita and Sections 3 and 4 of the Damage of Public Property Act. He contended that he has a clean record, was falsely implicated by an informant, and that no public property was actually damaged. The State opposed the bail, arguing the seriousness of the offences. The court examined the submissions and, noting the lack of concrete evidence of property damage and the petitioner's clean antecedents, granted anticipatory bail subject to a bond of Rs.10,000 and two sureties, with conditions under Section 482(2) of the BNSS. The order directs that the bail be effective if the petitioner is arrested or surrenders within six weeks.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances.
  • Whether the allegations constitute offences warranting denial of bail.
  • Whether there is a risk of the petitioner fleeing, tampering with evidence, or influencing witnesses.

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • false implication
  • public property damage
  • BNSS
  • Damage of Public Property Act
  • Section 482
  • Section 191
  • Section 324
  • Section 132

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84893 of 2025
                        Arising Out of PS. Case No.-17 Year-2025 Thana- SUPPI District- Sitamarhi
                 ======================================================
                 Yuvraj Kumar @ Chotu Kumar Son of Prmod Prasad @ Mangru Prasad R/o
                 Village - Sonaul Subba, Ward No 11, PS. - Suppi, Distt. -Sitamarhi.

                                                                                     ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Ritesh Kumar Narain Singh
                 For the Opposite Party/s :        Mr.Aditya Narayan Singh.1
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   17-02-2026               1.    Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                             2.    The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 191(2),

                   191(3), 190, 324(3) and 132 of the Bharatiya Nyaya Sanhita,

                   and Sections 3 and 4 of Damage of Public Property Act.

                             3.    Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and in sum and

                   substance the allegation is that a child was hit by a tractor and

                   thus was killed, as such the residents of the locality blocked the

                   road and created ruckus.

                             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 there is no allegation in the
              Patna High Court CR. MISC. No.84893 of 2025(2) dt.17-02-2026
                                                          2/2




                        FIR that any public property was damaged. It is also submitted

                        that since the petitioner is a resident of the nearby place where

                        the occurrence took place as such out of inquisitiveness he had

                        also gone to the place of occurrence and came to be implicated.

                                 5.     Learned A.P.P. for the State opposes the prayer for

                        anticipatory bail of the petitioner.

                                 6.     Considering the submissions made by the learned

                        counsel for the petitioner, the petitioner above-named, in the

                        event of his 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) 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 Suppi P.S. Case No. 17 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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