Satish Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Satish Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted to petitioner no.2 (Jay Gope) in Chandi P.S. Case No.569 of 2024 - release on arrest or surrender within four weeks on a personal bail bond of Rs.10,000 with two sureties of the like amount each before the learned Additional Chief Judicial Magistrate-I, Hilsa, Nalanda, subject to Section 438(2) Cr.P.C. conditions and cooperation in investigation/trial; the application of petitioner no.1 (Satish Kumar) permitted to be withdrawn as infructuous following his arrest.

Issue for consideration

Whether anticipatory bail should be granted to petitioner no.2 (Jay Gope) in connection with Chandi P.S. Case No.569 of 2024, given the general and omnibus FIR allegations, the absence of any specific allegation against him, his age of about 60 years, and his two criminal antecedents (on bail in both). +1 more

Court's answer

Anticipatory bail granted to petitioner no.2 (Jay Gope): to be released on bail in the event of his arrest or surrender before the learned Court below within a period of four weeks, on furnishing a personal bail bond of Rs.10,000 with two sureties of the like amount each, to the satisfaction of the learned Additional Chief Judicial Magistrate-I, Hilsa, Nalanda, in connection with Chandi P.S. Case No.569 of 2024, subject to the conditions under Section 438(2) Cr.P.C. and to the further condition that he shall cooperate in the investigation/trial.

Ratio / Principle

The grant of anticipatory bail to petitioner no.2 rests on the court's findings that there is no specific allegation against him and that he is aged about 60 years.

Key takeaways

The allegations in the First Information Report are general and omnibus in nature, being specific to some extent only against Nitish Kumar, Satish Kumar and Guddu Kumar - hence no specific allegation attaches to petitioner no.2.ratio¶17
Permission granted to withdraw the application in respect of petitioner no.1, which had become infructuous owing to his arrest.ratio¶16

Detailed headnote1 paragraphs

Anticipatory Bail - High Court of Judicature at Patna (Soni Shrivastava, J.), CRIMINAL MISCELLANEOUS No.10175 of 2025, oral order dated 21-04-2025, arising out of Chandi P.S. Case No.569 of 2024, Thana Chandi, District Nalanda. Petitioner no.1 (Satish Kumar) having already been arrested, permission was granted to withdraw his application as infructuous; applications on behalf of Satish Kumar and Guddu Kumar were noted as already withdrawn. As regards petitioner no.2 (Jay Gope, aged about 60 years), the FIR allegations were found general and omnibus, specific to some extent only against Nitish Kumar, Satish Kumar and Guddu Kumar; a counter case, Chandi P.S. Case No.570 of 2024, lodged by the mother of co-accused Nitish Kumar over the same occurrence was on record (Annexure-P-2). Although the learned APP opposed the prayer citing two criminal antecedents of petitioner no.2 (he being on bail in both), anticipatory bail was granted: release on arrest or surrender before the learned Court below within four weeks on a personal bond of Rs.10,000 with two sureties of the like amount each, to the satisfaction of the learned Additional Chief Judicial Magistrate-I, Hilsa, Nalanda, subject to the conditions under Section 438(2) of the Cr.P.C. and to cooperation in the investigation/trial.