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Patna High Court

Saurabh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, subject to conditions, under Section 482(2) of the BNSS.

Summary

The petitioner, Saurabh Kumar, sought anticipatory bail fearing arrest in a criminal case (Panchmahla P.S. Case No. 57 of 2025) involving offences under several sections of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act. The prosecution alleged that the petitioner participated in firing, while the petitioner claimed innocence and asserted that the main accusations were against other individuals. The State opposed the bail application. The Court examined the facts, the nature of the offences, and the provisions of Section 482(2) of the BNSS governing anticipatory bail. It concluded that the petitioner was entitled to anticipatory bail, subject to a bail bond of Rs.10,000, two sureties of equal amount, and a condition to appear at the police station every Sunday. The bail was granted with the stipulated conditions.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Bharatiya Nyaya Sanhita, 2023 in the present case.

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • Arms Act
  • bail conditions
  • Section 482
  • offences

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90936 of 2025
                      Arising Out of PS. Case No.-57 Year-2025 Thana- PACHMAHLA District- Patna
                 ======================================================
                 Saurabh Kumar S/o- Shambhu Sharan Singh R/O- Barahiya PS- Barahiya
                 District- Lakhisarai

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Bablu Kumar
                 For the Opposite Party/s :      Mr. Anuj Kumar Shrivastava
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   27-02-2026                  Heard the learned counsel for the petitioner and

                   learned counsel for the State.

                                2. The petitioner apprehends arrest in connection with

                   Panchmahla P.S. Case No. 57 of 2025 registered for offences

                   under Sections 126(2), 115, 109(1), 352, 351(2) and 3(5) of the

                   Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act.

                                3. As per the prosecution case, the petitioner and

                   others are said to have fired.

                                4. Learned counsel for the petitioner submits that

                   petitioner is quite innocent and has not committed any offence.

                   He further submits that the main allegation is against Mohit

                   Kumar and Om Raj Kumar.

                                5. Learned APP for the State has vehemently opposed

                   the prayer for bail.
            Patna High Court CR. MISC. No.90936 of 2025(4) dt.27-02-2026
                                                        2/2




                                   6. Considering the facts and circumstances of the

                      case, this application for anticipatory bail stands allowed.

                                   7. Accordingly, let the petitioner, above-named, in the

                      event of arrest or surrender within four weeks from today in the

                      Court below, be released on anticipatory bail on furnishing bail

                      bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of

                      the like amount each to the satisfaction of learned Court below

                      where the case is pending/successor Court in connection with

                      Panchmahla P.S. Case No. 57 of 2025 subject to the conditions

                      as laid down under Section 482(2) of the BNSS and with a

                      further condition that:-

                                                          The petitioner will mark his
                                              attendance at the Barahiya Police Station on
                                              every Sunday of each month. Any default in
                                              appearance at the Police Station would
                                              result in cancellation of bail bond of the
                                              petitioner.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T


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