Patna High Court
Uttam KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court granted anticipatory bail to the petitioner, subject to specified conditions.
Summary
Uttam Kumar sought anticipatory bail after learning that he might be arrested in connection with Siwan Town Police Station Case No. 219 of 2025, which involved offences under Sections 191(2), 190, 126(2), 115(2), 352 and 132 of the B.N.S. The FIR originally named only "thirty to forty unknown persons" and did not mention the petitioner; his name surfaced later from a confessional statement of an accused, Raju Ali, with a vague allegation of assaulting police. The petitioner argued that he had no link to the deceased Vishal Yadav or the informant and was being falsely implicated because of his prior criminal cases. The State opposed the anticipatory bail, contending that the investigation warranted his detention. The High Court, after considering the submissions, granted anticipatory bail under Section 438(2) of the CrPC, subject to stringent conditions including surety, presence in court, and verification of criminal antecedents, and ordered that the bail be cancelled if conditions were breached.
Issues considered
- Whether anticipatory bail can be granted under Section 438 CrPC when the petitioner was not originally named in the FIR but later implicated through a confessional statement.
- Whether the allegations against the petitioner, based on a vague statement, justify denial of anticipatory bail.
- What conditions may be imposed on anticipatory bail to safeguard the trial process.
Legislation cited
- B.N.S. — s. 115(2), 126(2), 132, 190, 191(2), 352
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- FIR
- police investigation
- bail conditions
- Siwan
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91908 of 2025
Arising Out of PS. Case No.-219 Year-2025 Thana- SIWAN CITY District- Siwan
======================================================
Uttam Kumar Son of Begu @ Dinesh Yadav @ Dinesh Chaudhary Resident
Of Village - Tarwan, P.O. - Tarwan, P.S. - Siwan Muffasil, Dist. - Siwan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dhananjay Kumar Shahi, Advocate
For the Opposite Party/s : Ms. Pushpa Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
3 23-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner apprehends his arrest in connection with
Siwan Town P.S. Case No. 219 of 2025 registered for the
offences under Sections 191(2), 190, 126(2), 115(2), 352, 132 of
the B.N.S.
3. The prosecution case is to the effect that while
investigating an incident, the informant reached the government
school and saw one person namely, Vishal Yadav who had died
of a gunshot injury. It is alleged that thirty to forty unknown
persons started abusing and even attacked police personnel.
4. Learned counsel for the petitioner submits that the
FIR was lodged against thirty to forty unknown persons and the
petitioner is not named therein. It has further been submitted
Patna High Court CR. MISC. No.91908 of 2025(3) dt.23-02-2026
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that during the course of investigation, almost after six months
of the incident, on the confessional statement made by one Raju
Ali, the name of the petitioner surfaced in this case and that too
with a very vague allegation that the petitioner had assaulted the
police personnel with his hand. It has next been submitted that
the petitioner was no way concerned with the deceased Vishal
Yadav or with the apprehended person, Raju Ali and he has
merely been implicated at the behest of the police because he
carries three criminal cases and he was on bail at the relevant
time in all the cases. It has lastly been submitted that the police
in order to coerce the petitioner has falsely implicated him.
5. Learned APP for the State has vehemently opposed
the prayer for anticipatory bail.
6. Considering the aforesaid submission, facts and
circumstances of the case, let the petitioner above named be
released on anticipatory bail, in the event of arrest or surrender
before the learned Court below within a period of four weeks
from today, on furnishing bail bonds of Rs.10,000/-(ten
thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor court in connection with Siwan Town P.S.
Case No. 219 of 2025 subject to the conditions as laid down
Patna High Court CR. MISC. No.91908 of 2025(3) dt.23-02-2026
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under Section 438(2) of the Code of Criminal Procedure read
with corresponding Section 482(2) of B.N.S.S. as well as
subject to the following conditions:-
(i) One of the bailors of the petitioner shall be his
close relative.
(ii) The petitioner shall remain physically present
in Court on each date of the trial.
(iii) In case of absence on two consecutive dates, or
in violation of the terms of the bail, the bail bond of
the petitioner will be liable to be cancelled by the
Court concerned.
(iv) If the petitioner is found involved in similar
nature of offence in future, the prosecution shall be
at liberty to move for cancellation of his bail bond.
(v) The learned Court below shall verify the
criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has
concealed his criminal antecedent, the court below
shall take step for cancellation of bail bond of the
petitioner. However, the acceptance of bail bonds in
terms of the above-mentioned order shall not be
delayed for purpose of or in the name of
Patna High Court CR. MISC. No.91908 of 2025(3) dt.23-02-2026
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verification.
7. Accordingly, the prayer for anticipatory bail is
allowed.
8. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
aditya/-
U T
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