Patna High Court
Saurabh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115, 126(2), 3(5), 351(2), 352, 482(2)
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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