Patna High Court
Bharat KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner subject to bail bond and surety conditions.
Summary
The petitioner, Bharat Kumar, sought anticipatory bail after an FIR was lodged alleging that he and others recorded a domestic dispute and threatened to publicise the video, invoking sections 79, 296, 64(1), 61(2) and 62 of the Bharatiya Nyaya Sanhita. The FIR was filed two days after the alleged incident, and the petitioner argued that the delay was unexplained and that he has a clean antecedent. The State opposed the bail, contending the seriousness of the offences. The Court examined the nature of the accusations, the delay in filing the FIR, and the petitioner’s clean record, and concluded that anticipatory bail was appropriate. Accordingly, the Court granted anticipatory bail, directing that if arrested within eight weeks the petitioner must furnish a bail bond of Rs.10,000 with two sureties and comply with conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted in a case involving alleged video recording and threats under the specified sections of the Bharatiya Nyaya Sanhita
- Whether the two‑day delay in lodging the FIR affects the grant of bail
- Whether the petitioner’s clean antecedent warrants bail despite the nature of the allegations
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 296, 61(2), 62, 64(1), 79
Subjects
- anticipatory bail
- FIR delay
- video recording
- harassment
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.892 of 2026
Arising Out of PS. Case No.-449 Year-2025 Thana- JHAJHA District- Jamui
======================================================
Bharat Kumar Son of Munna Barnwal R/o Village- Dhamna, P.S.- Jhajha,
District- Jamui
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanju Singh, Advocate
For the Opposite Party/s : Mr. Surendra Kumar, Addl. Public Prosecutor
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 21-01-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 79, 296, 64(1), 61(2) and
62 of the Bharatiya Nyaya Sanhita.
3. The allegation in the First Information Report is
that while the informant was having an altercation with her
husband’s first wife, the accused persons including the present
petitioner were making video of the said dispute and were
threatening to make it viral and also indulged in abusing her.
4. Learned counsel for the petitioner submits at the
outset that the present F.I.R. was lodged after delay of two days
without any plausible explanation given by the prosecution
inasmuch as, while the present occurrence took place on
13.09.2025, the F.I.R. was lodged on 15.09.2025. It has further
Patna High Court CR. MISC. No.892 of 2026(2) dt.21-01-2026
2/2
been submitted that the informant herself admits that she is the
second wife of Dilip Barnwal and the only allegation attributed
to the petitioner and others is that they were engaged in making
some videos of physical altercation with her husband’s first wife
causing her severe humiliation. Petitioner claims clean
antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering backdrop of the case, nature of
accusation and clean 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 learned Chief Judicial
Magistrate, Jamui in connection with Jhajha P. S. Case No. 449
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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