Patna High Court
Satendra Kumar @ Satyendra Yadav @ Satyendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner.
Summary
Satendra Kumar applied for anticipatory bail after being named in a FIR for offences under Sections 103(1) and 61(2) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act. The FIR alleges that co‑accused Lakhan Singh, Jitesh Kumar and Rahul Kumar fired a bullet that killed the husband of an informant, but the petitioner claims he was not specifically implicated and has a clean antecedent. The State opposed the bail application, arguing the seriousness of the accusations. The Court examined the nature of the allegations, the lack of a specific charge against the petitioner, and the provisions of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. It granted anticipatory bail, directing that if arrested the petitioner be released on bail with a bond of Rs.10,000 and two sureties, subject to the conditions stipulated.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in a case involving alleged murder and violation of the Arms Act.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 103(1), 61(2)
Subjects
- anticipatory bail
- criminal procedure
- murder
- arms act
- section 482
- bail bond
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8986 of 2026
Arising Out of PS. Case No.-199 Year-2025 Thana- ATHMALGOLA District- Patna
======================================================
Satendra Kumar @ Satyendra Yadav @ Satyendra Kumar S/O Lakhan Yadav
@ Surirh Yadav R/O Vill - Chanda, Ps - Athmalgola, Dist.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Kashyap, Advocate
For the Opposite Party/s : Mr. Jharkhandi Upadhyay, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 11-02-2026 Heard learned counsel for the petitioner and the
State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 103(1), 61(2) of the
Bharatiya Nyaya Sanhita and Section 27 of the Arms Act.
3. As per F.I.R., on the order of co-accused Lakhan
Singh, co-accused Jitesh Kumar and Rahul Kumar fired bullet
on the husband of informant due to which, he died on the spot.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. It is the
specific case of the informant that co-accused Rahul Kumar and
Jitesh Kumar killed husband of the informant by firing gun
shot . Though the petitioner is arrayed as an accused in this case
but there is no specific allegation of over act against him. It is
Patna High Court CR. MISC. No.8986 of 2026(2) dt.11-02-2026
2/2
further submitted that as per the F.I.R. two persons are alleged
to have fired upon the deceased but the deceased sustained only
one firearm injury. This petitioner claims clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the nature of accusation and other facts
and circumstances of the case, 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 Sub-Divisional Judicial
Magistrate, Barh, Patna in connection with Athmalgola P. S.
Case No. 199 of 2025, subject to condition as laid down under
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,
2023.
(Prabhat Kumar Singh, J)
Jyoti Kumari/-
U T
Checking your session…