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Patna High Court

Tanish KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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
Patna High Court CR. MISC. No.89958 of 2025(2) dt.09-02-2026
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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
            Patna High Court CR. MISC. No.89958 of 2025(2) dt.09-02-2026
                                                        3/3




                      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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