Patna High Court
Shivpujan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted anticipatory bail to the petitioners subject to bond and surety conditions under Section 482(2) of the BNSS.
Summary
Shivpujan Kumar and Munna Kumar sought anticipatory bail fearing arrest in a case registered under multiple sections of the Bharatiya Nyaya Sanhita, including offences of false evidence, abetment, and assault. The informant alleged that the petitioners, along with others, threatened him with a pistol, snatched his locket, and assaulted him, but the petitioners contended that the allegations against them were vague and that the specific assault charge pertained only to another accused, Ujjwal. The State opposed the bail but could not refute the claim that the petitioners were not specifically implicated. The court examined the nature of the allegations and the principle of anticipatory bail under Section 482(2) of the BNSS. Finding the petitioners’ claims credible and the allegations insufficiently specific, the court granted anticipatory bail subject to a bond of Rs.10,000 and sureties, with conditions as per Section 482(2).
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the FIR containing multiple serious charges.
- Whether the allegations against the petitioners are specific enough to deny bail.
- Whether Section 482(2) of the Bharatiya Nyaya Sanhita permits the grant of anticipatory bail in the present circumstances.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 110, 115(2), 126(2), 190, 191(2), 303(2), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- false implication
- criminal procedure
- Bharatiya Nyaya Sanhita
- Section 482
- bail conditions
- FIR
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9825 of 2026
Arising Out of PS. Case No.-215 Year-2025 Thana- MAGADH MEDICAL COLLEGE
District- Gaya
======================================================
1. Shivpujan Kumar S/O Late Prabhu Yadav R/O Village- Katari Hill, P.S-
Chandauti, Distt.- Gaya.
2. Munna Kumar S/O Late Prabhu Yadav R/O Village- Katari Hill, P.S-
Chandauti, Distt.- Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Mukul Kumari, Adv
For the Opposite Party/s : Mr.Anant Kumar 1, APP
Mr. Sunil Kumar Yadav, Adv
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 30-03-2026 1. Heard learned counsel for the petitioners, learned
A.P.P. for the State and the learned counsel appearing on behalf
of the informant.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 191(2),
190, 126(2), 115(2), 303(2), 110, 352, 351(2) of the Bharatiya
Nyaya Sanhita.
3. Learned counsel for the petitioners submits that the
petitioners are persons with clean antecedent and the informant
alleges that accused persons including the petitioners
intercepted him at a tea stall, while Gautam and Robin
threatened him on point of pistol and Ujjwal assaulted him by
Patna High Court CR. MISC. No.9825 of 2026(2) dt.30-03-2026
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butt of pistol causing injury on forehead and Shivpujan snatched
his locket, further Shivpujan, Munna along with three unknown
accused assaulted him.
4. Learned counsel for the petitioners submits that
petitioners have been falsely implicated in the instant case by
the informant. It is next submitted that no doubt one of the
injuries of the informant has been opined to be grievous but then
specific allegation of assaulting the informant is against Ujjwal
and as far as petitioners are concerned, the allegation against
them are general and omnibus in nature. It is further submitted
that allegation of snatching locket is ornamental.
5. Learned A.P.P. for the State and learned counsel
appearing on behalf of the informant opposes the prayer for
anticipatory bail of the petitioners, but then are not in a position
to rebut the submission of the learned counsel appearing on
behalf of the petitioners that specific allegation of assaulting the
informant is against Ujjwal.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their arrest or surrender within a period of six weeks
from today, be released on anticipatory bail on furnishing bail
bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two
Patna High Court CR. MISC. No.9825 of 2026(2) dt.30-03-2026
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sureties of the like amount each to the satisfaction of the learned
trial court where the case is pending/successor court in
connection with Magadh Medical College P.S. Case No. 215 of
2025, subject to the conditions as laid down under Section 482
(2) of the BNSS.
(Satyavrat Verma, J)
Sumit/-
U T
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