Patna High Court
Sonu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted anticipatory bail to the petitioners subject to prescribed conditions.
Summary
The petitioners, three brothers, sought anticipatory bail fearing arrest in a case registered under multiple sections of the Bharatiya Nagarik Suraksha Sanhita (BNSS). They argued that an interim protection order dated 04.08.2025, issued by a coordinate bench in Cr. Misc. No.45712 of 2025, barred any coercive action against the first petitioner, Sonu Kumar, yet the police attempted to arrest him on 08.08.2025. The petitioners contended that the arrest attempt was malafide and that injuries reported were minor. The State opposed the bail on the basis of the FIR allegations. The High Court, considering the existence of the interim protection and the circumstances, granted anticipatory bail to all petitioners subject to a Rs.10,000 bond, sureties, and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the FIR and pending investigation.
- Whether the interim protection order issued in Cr. Misc. No.45712 of 2025 bars coercive action against the petitioners.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 438(2), 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- interim protection order
- BNSS
- sections 121,115,109,127,191,126,262,132
- police arrest
- bail conditions
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88205 of 2025
Arising Out of PS. Case No.-56 Year-2025 Thana- FCI District- Begusarai
======================================================
1. Sonu Kumar S/o- Bipin Kumar Ray @Bipin Ray Resident of village-
Simariya Police Station- Chakia FCI District- Begusarai
2. Monu Kumar @ Ajay Kumar S/o- Bipin Kumar Ray @ Bipin Ray Resident
of village- Simariya Police Station- Chakia FCI District- Begusarai
3. Nand Kumar S/o- Bipin Kumar Ray @ Bipin Ray Resident of village-
Simariya Police Station- Chakia FCI District- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sarvottam Kumar
For the Opposite Party/s : Mr.Sanjay Kumar Sharma
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 121(1),
121(2), 115(2), 109, 127(1), 191(2), 126(3)(A), 262, 132 of
B.N.S.
3. The allegation in the First Information Report is
that while the police officials had come to arrest the petitioner
no.1, Sonu Kumar, the entire family of the said accused
prevented the police officials from doing their duties and also
indulged in assault.
4. Learned counsel for the petitioners submits at the
Patna High Court CR. MISC. No.88205 of 2025(2) dt.15-01-2026
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outset that the entire arrest is malafide for the reason that by an
order dated 04.08.2025 passed by a Co-ordinate Bench of this
Court in Cr. Misc. No.45712 of 2025, it was ordered that no
coercive steps would be taken against the petitioner no.1, Sonu
Kumar, however present occurrence is said to have taken place
on 08.08.2025, which is merely four days after the grant of
interim protection to the petitioner no.1, Sonu Kumar. It is also a
fact that in the entire incident the mother of the petitioner no.2
was also arrested and taken away by the police and so far as the
petitioners no.2 and 3 are concerned, their names were also
disclosed later on based on the identification made by the Mahal
Chaukidar. Although the existence of injury report has been
mentioned in the bail rejection order but the nature of the injury
has not been specified and it is also disclosed that the treatment
was done in Barauni PHC leading to the inference that no
serious injuries were suffered by the injured persons.
5. Learned APP for the State opposed the prayer for
anticipatory bail on the basis of allegations made in the First
Information Report.
6. Taking into consideration the facts and
circumstances and considering the fact that despite existence of
interim protection against petitioner no.1, the police had gone to
Patna High Court CR. MISC. No.88205 of 2025(2) dt.15-01-2026
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arrest him which may have been opposed by the petitioners
resulting in the present case, let the above named petitioners, be
released on bail, in the event of their arrest or surrender before
the learned Court below within a period of four weeks from
today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) each with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with F.C.I. P.S. Case No.
56 of 2025, subject to the condition as laid down under Section
438 (2) of the Cr.P.C/ Section 482 (2) of the Bharatiya Nagarik
Suraksha Sanhita (BNSS), 2023, further subject to following
condition(s):
(i) One of the bailors will be their
own blood relative, preferably, father, mother,
brother, sister and/or his wife.
(ii) The petitioners shall co-operate
with the investigation, if not already concluded and
make themselves available and when so required,
failing which the prosecution will be at liberty to
move cancellation of their bail bond.
(Soni Shrivastava, J)
anand/-
U T
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