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2026 DAILYLAW 24838 (PAT)

Sani Kumar @ Sunny Patel @ Sani Patel v. The State of Bihar

/45429/2026 · 2026-07-15

Satyavrat Verma

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.45429 of 2026 Arising Out of PS. Case No.-142 Year-2026 Thana- BAIRIYA District- West Champaran ====================================================== Sani Kumar @ Sunny Patel @ Sani Patel S/O Murari Patel Resident of Village- Ward No. 06, Mathiya Bhitaha, Police Station- Bairiya, District- West Champaran at Bettiah. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shashank Shekhar For the Opposite Party/s : Mr. Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 15-07-2026 1. Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 329(3), 126(2), 352, 115(2), 118(1), 109(1), 103(1), 76, 61(2) and 3(5) of the BNS. 3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is a young boy, aged about 18 years and the informant alleges that 14 named accused persons including the petitioner came to the house of the informant and started abusing on protest accused Abha Devi came with bhala and barchhi and Abhay, Suresh and Abha Devi assaulted the brother of the informant Vijay who died on Patna High Court CR. MISC. No.45429 of 2026(2) dt.15-07-2026 2/3 account of assault on way to the hospital, further the other accused persons assaulted the informant and his family members causing injury. 4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is next submitted that informant is own brother of the deceased whereas accused Suresh is father of the informant and Abhay is own brother of the informant and Abha Devi is bhabhi of the deceased. It is further submitted that on account of dispute in the family the occurrence took place and petitioner who is not related either to the informant or the accused persons came to be implicated merely for the reason that being neighbour he sided with the cause of the accused persons. It is also submitted that allegation of assault is not specific, rather informant alleges that Abhay, Suresh and Abha Devi assaulted Vijay leading to death. It is thus submitted that in the nature of allegation as alleged in the FIR if petitioner is sent to judicial custody his entire career would get jeopardized and chances are bright that he may come in contact with the hardened criminals. It is also submitted that if the privilege of anticipatory bail is granted to the petitioner, the petitioner will not abscond rather will cooperate in the investigation to prove his innocence. Patna High Court CR. MISC. No.45429 of 2026(2) dt.15-07-2026 3/3 5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner. 6. Considering the submissions made by the learned counsel appearing on behalf of the petitioner, let the petitioner, above-named, in the event of his 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) with two sureties of the like amount each to the satisfaction of the learned Trial Court where the case is pending/Successor Court in connection with Bairiya P.S. Case No. 142 of 2026, subject to the conditions as laid down under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S. with a condition that one of the bailors of the petitioner shall be his mother, namely Shobha Devi. vikram/- (Satyavrat Verma, J) U T