Patna High Court
Pawan DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application for the petitioners, subject to conditions, despite the inclusion of Section 307 IPC.
Summary
The petitioners, four residents of Madhuban village, sought anticipatory bail fearing arrest in a case registered under multiple IPC offences, including assault, robbery and attempted murder (Section 307). They had earlier filed an anticipatory bail application (Cr. Misc. No. 71938 of 2025) which was disposed on the ground that the alleged offences carried a maximum punishment of seven years, but the police later discovered that the case fell under Section 307, disallowing the benefit of Section 41A CrPC. The petitioners withdrew the bail application for one of them (Ashok Kumar Sahu) and requested bail for the remaining three. The State opposed the bail, citing the seriousness of the offences. The Court, after considering the submissions, granted anticipatory bail to the remaining petitioners subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the BNSS, and allowed the withdrawal of the application for the third petitioner.
Issues considered
- Whether anticipatory bail can be granted when the offence includes attempted murder under Section 307 IPC.
- Whether the earlier disposal of the anticipatory bail application can be revisited in view of new findings.
- Whether Section 41A of the Criminal Procedure Code applies to the present case.
Legislation cited
- Bihar Negotiable Securities Act — s. 482(2)
- Criminal Procedure Code — s. 41A
- Indian Penal Code — s. 307, 308, 323, 324, 325, 34, 341, 354(B), 379, 427, 504, 506
Subjects
- anticipatory bail
- Section 41A CrPC
- IPC offences
- Section 307 IPC
- high court order
- withdrawal of bail application
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87696 of 2025
Arising Out of PS. Case No.-280 Year-2023 Thana- KUSHESHWARASTHAN District-
Darbhanga
======================================================
1. Pawan Devi W/o Late Ram Pukar Sahu @ Ram Pukar Gupta @ Ram Pukar
Resident of Village- Madhuban, P.S.- Kusheshwar Asthan, District-
Darbhanga, Bihar
2. Anil Kumar Gupta @ Anil Sahu S/o Late Ram Pukar Gupta @ Ram Pukar
@ Ram Pukar Sahu Resident of Village- Madhuban, P.S.- Kusheshwar
Asthan, District- Darbhanga, Bihar
3. Ashok Kumar Sahu @ Ashok Sahu S/o Late Ram Pukar Gupta @ Ram
Pukar @ Ram Pukar Sahu Resident of Village- Madhuban, P.S.- Kusheshwar
Asthan, District- Darbhanga, Bihar
4. Sunil Kumar Gupta @ Sunil Sahu S/o Late Ram Pukar Gupta @ Ram Pukar
@ Ram Pukar Sahu Resident of Village- Madhuban, P.S.- Kusheshwar
Asthan, District- Darbhanga, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shubhesh Pandey, Advocate
For the Opposite Party/s : Mr. Murli Dhar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 09-01-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The learned counsel for the petitioners, after some
arguments, seeks permission to withdraw the anticipatory bail
application with respect to petitioner no. 3 (Ashok Kumar Sahu
@ Ashok Sahu).
3. Permission is accorded.
4. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 341, 323,
324, 325, 379, 308, 354(B), 427, 504, 506 and 34 of the Indian
Penal Code.
Patna High Court CR. MISC. No.87696 of 2025(2) dt.09-01-2026
2/3
5. Learned counsel for the petitioners submits that
petitioners had earlier moved this Court seeking anticipatory
bail by filing Criminal Miscellaneous No. 71938 of 2025 and
the same was disposed of by an order dated 16.10.2025 in terms
of the order dated 13.02.2024 in Criminal Miscellaneous No.
3536 of 2024 (Naushad Ansari Vs. The State of Bihar). It is
submitted that petitioners in compliance of the order dated
16.10.2025 represented before the Superintendent of Police and
the Investigating Officer of the case, but till date their
representation has not been acted upon. It is further submitted
that Criminal Miscellaneous No. 71938 of 2025 was disposed of
in terms of the order dated 13.02.2024 in Criminal
Miscellaneous No. 3536 of 2024 for the reason that the offences
for which the instant FIR was instituted carried punishment of
seven years and less, but then it is submitted that during
investigation police found the case true under Section 307 of the
Indian Penal Code, as such, the benefit of Section 41A of the
Cr.P.C was not given to the petitioners. It is next submitted that
from perusal of the allegation as alleged in the FIR, it would
manifest that allegation of assaulting the informant is against
Saroj and Ashok. It is next submitted that no doubt allegation is
of assaulting the son and Dewar of the informant also, but then
Patna High Court CR. MISC. No.87696 of 2025(2) dt.09-01-2026
3/3
the injury suffered by them has been opined to be simple in
nature and injury suffered by informant has been opined to be
grievous in nature.
6. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
7. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their arrest or surrender before the learned trial court
within a period of six weeks from today, be released on
anticipatory bail on furnishing bail bonds of Rs. 10,000/-
(Rupees Ten Thousand) each 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
Kusheshwar Asthan P.S. Case No. 280 of 2023 subject to the
conditions as laid down under Section 482 (2) of the BNSS.
8. Accordingly, the instant anticipatory bail
application stands allowed.
(Satyavrat Verma, J)
Rishabh/-
U T
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