Patna High Court
Sardar KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that the petitioner is not entitled to anticipatory bail.
Summary
The petitioner, Sardar Kumar, applied for anticipatory bail fearing arrest in a case involving offences under Sections 147, 341, 323, 324, 325, 307, 379 and 504 of the Indian Penal Code. The prosecution alleged that Kumar and others brutally assaulted Surendra Yadav, causing a fractured left humerus, and noted Kumar's three prior criminal convictions. The court examined the seriousness of the alleged offences and the petitioner’s criminal antecedents. Concluding that the gravity of the case and the petitioner’s history did not merit the privilege of anticipatory bail, the court rejected the application. The petitioner was ordered to surrender within two weeks and seek regular bail, with the police directed to arrest him if he fails to do so. The order was limited to the anticipatory bail application and does not prejudice any later proceedings.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the circumstances of the case
Legislation cited
- Indian Penal Code — s. 147, 307, 323, 324, 325, 341, 379, 504
Subjects
- anticipatory bail
- Indian Penal Code
- criminal antecedents
- high court
- bail application
- arrest
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90872 of 2025
Arising Out of PS. Case No.-180 Year-2024 Thana- DHANARUA District- Patna
======================================================
Sardar Kumar S/O Dinesh Prasad Resident of Village - Badiha, P.S. -
Dhanarua, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shyamal Prakash
For the Opposite Party/s : Mr. Damodar Prasad Tiwary
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 28-01-2026 Heard the learned counsel for the petitioner and the
learned counsel for the State.
2. The petitioner apprehends arrest in connection with
Dhanarua P.S. Case No. 180 of 2024 registered for offences
under Sections 147, 341, 323, 325,324, 307, 379 and 504 of the
Indian Penal Code.
3. As per the prosecution case, the petitioner and
others are said to have brutally assaulted Surendra Yadav who
has sustained injuries. He was treated at PMCH and injury
shows fracture of mid-shaft of left Humerus. The petitioner has
three criminal antecedents.
4. Considering the nature and gravity of offence as
well as the criminal antecedents of the petitioner, this court is of
the considered opinion that petitioner does not deserve the
Patna High Court CR. MISC. No.90872 of 2025(2) dt.28-01-2026
2/2
privilege of anticipatory bail in the present case.
5. Accordingly, the application for anticipatory bail
stands rejected.
6. The petitioner is directed to surrender in the court
below within a period of two weeks from today and seek regular
bail, if so advised, failing which the Senior Superintendent of
Police, Patna will take all steps for the arrest of the petitioner.
7. It is, however, clarified that the observations made
herein are limited to the adjudication of the present application
and shall not prejudice the case of the petitioner at any
subsequent stage of the proceedings.
8. Let a copy of this order be communicated to the
Senior Superintendent of Police, Patna through FAX for its
compliance forthwith.
(Sandeep Kumar, J)
Shishir/-
U T
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