Patna High Court
Tanish KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that, in the absence of direct evidence linking the petitioner to the alleged offence and given the precedent of bail to a co‑accused, anticipatory bail should be granted subject to the conditions of Section 482(2) of the B.N.S.S.
Summary
The petitioner, Tanish Kumar, filed an anticipatory bail application fearing arrest in a case (Bidupur PS Case No. 404 of 2024) under Sections 308(3) and 308(5) of the B.N.S. The prosecution alleged that a threatening call was made from a mobile number, which they linked to the petitioner. The petitioner contended that the mobile number does not belong to him, that he was implicated only because of a confessional statement given in an unrelated case, and that there is no direct evidence against him. He also pointed out that a co‑accused in a similar situation had already been granted bail by the same court. The court, after hearing both sides, decided to grant anticipatory bail, directing the petitioner to surrender within four weeks and to furnish a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail can be granted in a case under Sections 308(3) and 308(5) of the B.N.S.
- Whether the petitioner’s alleged involvement in the threatening call is sufficiently established to deny bail
- Whether the petitioner is entitled to bail on the same footing as a co‑accused who was previously released
- Whether conditions under Section 482(2) of the B.N.S.S. may be imposed on the grant of bail
Legislation cited
Subjects
- anticipatory bail
- Section 308
- mobile threat call
- confessional statement
- bail conditions
- Section 482(2)
- similar co‑accused bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89958 of 2025
Arising Out of PS. Case No.-404 Year-2024 Thana- BIDUPUR District- Vaishali
======================================================
Tanish Kumar S/o- Rajesh Kumar Resident of Majlishpur P.S- Bidupur, Dist-
Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mahendra Thakur, Adviocate
For the Opposite Party/s : Mr. Rajendra Singh Shastri, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 09-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2.The instant application for anticipatory bail has been
filed by the petitioner apprehending his arrest in connection
with Bidupur P.S. Case No. 404 of 2024 instituted for the
offence under Sections 308(3) and 308(5) of B.N.S.
3. The case of the prosecution is that on 19.07.2024 at
about 11:34 AM, a threatening call has been received by the
husband of the informant. Allegedly the said call has been
received from one mobile no. 7370081104.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has falsely been implicated in this
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case. Learned counsel has further submitted that the mobile
number which has been disclosed in the FIR, does not belong to
the petitioner. The petitioner was remanded in other case and in
that case, he has given his confessional statement and due to that
reason, he has been impleaded in this case. Save and except his
confessional statement, there is nothing against him. There is
allegation of demand but no money was paid to anybody. He has
further submitted that similarly situated other co-accused person
has already been granted bail by learned co-ordinate Bench of
this court vide Cr. Misc. No. 50180 of 2025. The case of this
petitioner stands on similar footing.
5. In contra, learned APP appearing for the State has
opposed the prayer of bail of the petitioner.
6. Having heard learned counsel for the parties and in
the facts and circumstances of the case as stated above, this
Court is inclined to enlarge the petitioner on bail. The petitioner
is directed to surrender in the Court below within a period of
four weeks from today and in the event of his arrest or surrender
in connection with Bidupur P.S. Case No. 404 of 2024, he will
be enlarged on bail on furnishing bail bond of Rs. 10,000/-
(Rupees ten thousand) with two sureties of the like amount each
to the satisfaction of learned Chief Judicial Magistrate, Vaishali
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subject to the conditions as laid down under section 482(2) of
B.N.S.S.
(Ashok Kumar Pandey, J)
shubham/-
U T
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