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Patna High Court

Uttam KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            3/4




          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
                                                           4/4




                                         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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