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

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

What the court decided

AI extract

Outcome

Anticipatory bail: release upon arrest or surrender within four weeks on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each, subject to Section 438(2) Cr.P.C./482(2) BNSS 2023 conditions and an obligation to appear on every date till framing of charge.

Issue for consideration

Whether the petitioner, apprehending arrest in Shahjahanpur P.S. Case No. 127 of 2023 registered for offences under Section 392 IPC, should be released on anticipatory bail.

Court's answer

Petitioner to be released on anticipatory bail in the event of his arrest or surrender within four weeks before the learned court below.

Ratio / Principle

Anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Patna City, subject to the conditions laid down under Section 438(2) Cr.P.C./482(2) BNSS, 2023.

Key takeaways

Petitioner shall appear in the Court below on each and every date fixed in the case till framing of charge.ratio¶19

Detailed headnote1 paragraphs

Anticipatory bail granted (Patna High Court, 04-11-2025, Nawneet Kumar Pandey, J) to the petitioner apprehending arrest in Shahjahanpur P.S. Case No. 127 of 2023, registered for offences punishable under Section 392 IPC. The FIR was lodged against unknown persons; the petitioner's name transpired only in the confessional statement of a co-accused, nothing else on record showed his involvement, and no recovery was made from him; the State opposed the prayer. Held: the petitioner, in the event of arrest or surrender within four weeks before the learned court below, to be released on anticipatory bail on furnishing a bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Patna City, subject to the conditions under Section 438(2) Cr.P.C./482(2) BNSS, 2023, with a direction to appear in the Court below on each and every date fixed till framing of charge.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.18280 of 2025

Arising Out of PS. Case No.-127 Year-2023 Thana- SAHJAHANPUR District- Patna

======================================================

Sikki Kumar Son of Suryadav Singh @ Surajdev Singh Resident of Bankipur Machariwana @ Bakipur Mochiyawa, P.S.- Fatuha @ Fatua, Distt.- Patna

... ... Petitioner/s

Versus

The State of Bihar ===============	... ... Opposite Party/s =======================================
Appearance : For the Petitioner/s For the State ===============	: Mr. Urvashi Bharti : Mr. Bhanu Pratap Singh =======================================
CORAM: HONOU PANDEY	RABLE MR. JUSTICE NAWNEET KUMAR

ORAL ORDER

4 04-11-2025

Heard learned counsel for the petitioner as well as learned

APP for the State.

The petitioner apprehends his arrest in connection with Shahjahanpur P.S. Case No. 127 of 2023, registered for the offences punishable under Section 392 of the IPC.

As per allegation, three unknown persons came to the informant on two motorcycles. They pointed katta on the informant and snatched the mobile, key of the informant’s bike, Rs. 1,31,052/- cash, Aadhar card and Pan Card from the informant and fled away.

The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in the present case. It has further been submitted that he is a person of clean antecedent and no recovery has been made from his possession. The FIR has been lodged against unknown persons

Patna High Court CR. MISC. No.18280 of 2025(4) dt.04-11-2025 2/2

and the name of the petitioner has been transpired in the confessional statement of the co-accused person. Except the confessional statement of the co-accused person, there is nothing on record which shows the involvement of the petitioner in the present case.

On the other hand, the learned APP for the State has opposed the prayer for bail.

Considering the above-mentioned facts and circumstances, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Patna City in connection with Shahjahanpur P.S. Case No. 127 of 2023, subject to the conditions as laid down under Section 438(2) Cr.P.C./ 482(2) of the BNSS, 2023.

It is made clear that the petitioner shall appear in the Court below on each and every date fixed in the case till framing of charge.

(Nawneet Kumar Pandey, J)