Patna High Court
Somu kumar @ Samant BhartiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Arms Act — s. 25(1-b)a, 26, 35
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 309(4)
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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