Patna High Court
Suraj Yadav @ Suraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court held that anticipatory bail should be granted to the petitioner as he is not named in the FIR, no overt act is attributed to him, and he has a clean antecedent.
Summary
Suraj Yadav applied for anticipatory bail fearing arrest in connection with FIR No.38 of 2025, which alleged offences under the Bharatiya Nyaya Sanhita, 2023 and the Arms Act. The FIR described an assault and shooting of Amar Kumar by several accused, but the petitioner’s name does not appear in the FIR and no overt act is attributed to him. The petitioner, represented by Mrs. Smiti Bharti, argued that he has a clean antecedent and should be granted bail. The State, through the Additional Public Prosecutor, opposed the bail. The Court, noting the petitioner’s absence from the FIR, lack of direct involvement, and clean record, granted anticipatory bail subject to conditions under Section 438 of the CrPC and Section 482 of the Bhartiya Nagarik Suraksha Sanhita. The order directs the petitioner to furnish a bail bond of Rs 10,000 with two sureties and comply with several conduct conditions.
Issues considered
- Whether anticipatory bail can be granted when the petitioner is not named in the FIR and no overt act is attributed to him
- Whether a clean antecedent suffices to justify anticipatory bail under Section 438 CrPC and Section 482 B.N.S.?
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5)
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Bharatiya Nyaya Sanhita
- Arms Act
- clean antecedent
- FIR
- Section 438 CrPC
- Section 482 B.N.S.
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89526 of 2025
Arising Out of PS. Case No.-38 Year-2025 Thana- DARBHANGA SADAR District-
Darbhanga
======================================================
Suraj Yadav @ Suraj Kumar S/O Chandeshwar Yadav R/O Vill.- Basaila, P.S.-
Sadar, Dist.- Darbhanga, Bihar.
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Smiti Bharti, Advocate
For the Opposite Party/s : Mr. Nityanand, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 23-02-2026 Heard the learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Sadar P.S. Case No.38 of 2025, F.I.R dated
15.02.2025 registered for the offences punishable under
Sections 126(2), 115(2), 118(1), 109, 303(2) and 3(5) of the
Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act.
3. According to prosecution case, on 15.02.2025 at
about 3:49 PM, Amar Kumar gave his statement (Fardbayan) at
DMCH Emergency Ward. He stated that while going to village
Basaila to meet his relatives, he was stopped near Khatway Tola
in village Kakarghat by Ramsogarath Yadav, Chhotu Yadav, and
five unknown persons armed with an iron rod, khanti, and
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pistol. They attempted to snatch his motorcycle key and mobile
phone. When he resisted, they assaulted him, and Ramsogarath
Yadav allegedly shot him in the leg. The accused then fled with
his motorcycle and mobile phone. Local people informed his
maternal uncle, and he was admitted to DMCH, Darbhanga for
treatment.
4. Learned counsel for the petitioner submits that the
allegations of overt act is against Chhotu Yadav and
Ramsogarath Yadav, pursuant to which the injuries is said to
have been caused to this informant. It has next been submitted
that the name of the petitioner has come during the course of
investigation and that petitioner has not been named in the F.I.R.
and the F.I.R. is registered against two known and five unknown
persons. It has further been submitted that the petitioner has
clean antecedent and is ready to abide by the terms and
conditions if the privilege of anticipatory bail is extended in his
favour.
5. Learned APP for the State opposes the prayer for
anticipatory bail application.
6. Considering the aforesaid facts and circumstances
that that petitioner has not been named in the F.I.R. and the
F.I.R. is registered against two known and five unknown
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persons and no overt act is said to have been attributed against
this petitioner and the petitioner has clean antecedent.
Accordingly, this Court is inclined to grant the privilege of
anticipatory bail to the petitioner.
7. Let the petitioner, above named, in the event of
his/her arrest or surrender before the Court below within a
period of thirty days from the date of receipt of the order, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned C.J.M., Darbhanga, in connection
with Sadar P.S. Case No.38 of 2025, subject to the conditions as
laid down under Section 438(2) of the Code of Criminal
Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha
Sanhita and with other following conditions:-
(i) one of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
official document/personal affidavit to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of his/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
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promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
sharun/-
U T
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