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Patna High Court

Somu kumar @ Samant BhartiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Summary

The petitioner, Somu Kumar, sought anticipatory bail after learning that he might be arrested in a case (PS Alamnagar, Case No.236/2025) involving alleged offences under Section 309(4) of the Bharatiya Nyaya Sanhita and Sections 25(1‑b)a, 26 and 35 of the Arms Act, where three unknown assailants allegedly looted cash at gunpoint. The petitioner asserted his innocence, stating that his name surfaced only during investigation, no looted cash was found in his possession, and he has a clean antecedent. The State opposed the bail application, arguing the seriousness of the charges. The Court, considering the nature of the accusation and the petitioner's clean record, granted anticipatory bail, directing that if arrested within eight weeks he may be released on a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order was pronounced by Justice Prabhat Kumar Singh.

Issues considered

  • What is the appropriateness of granting anticipatory bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita in a case involving alleged offences under Section 309(4) of the Bharatiya Nyaya Sanhita and the Arms Act?
  • Whether the petitioner's clean antecedent and lack of recovery of looted cash justify the grant of anticipatory bail?

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • Bharatiya Nyaya Sanhita
  • Arms Act
  • criminal procedure
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85996 of 2025
                   Arising Out of PS. Case No.-236 Year-2025 Thana- ALAMNAGAR District- Madhepura
                 ======================================================
                 Somu kumar @ Samant Bharti Son of Tipu Sultan Yadav @ Shashi Kumar
                 Bharti R/o - Kujauri, P.S. - Alamnagar, District - Madhepura.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Dr. Sanjay Kumar Singh, Advocate
                 For the Opposite Party/s :      Md. Fahimuddin, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   07-01-2026                   Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in a case registered for

                   the offences punishable under Section 309(4) of the Bharatiya

                   Nyaya Sanhita and Section 25(1-b)a, 26, 35 of Arms Act.

                                3. As per F.I.R., three unknown miscreants, on gun

                   point, looted cash of the informant.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence. Name of

                   petitioner transpired during course of investigation. No looted

                   cash has been recovered from possession of the petitioner and

                   he claims clean antecedent.

                                5. Learned A.P.P. for the State vehemently opposed

                   the bail application.

                                6. Considering the nature of accusation and clean
              Patna High Court CR. MISC. No.85996 of 2025(2) dt.07-01-2026
                                                          2/2




                        antecedent, this anticipatory bail is allowed and it is ordered that

                        let the above named petitioner in the event of his

                        arrest/surrender before the court below within a period of eight

                        weeks from today, be enlarged on bail on furnishing bail-bond

                        of Rs. 10,000/- (ten thousand) with two sureties of the like

                        amount each to the satisfaction of Judicial Magistrate, 1st Class,

                        Udakishunganj, Madhepura in connection with Alamnagar P. S.

                        Case No. 236 of 2025, subject to condition as laid down under

                        Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,

                        2023.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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