Allowed¶21

Sanoj Kumar v. The State of Bihar

Patna HC9 Jul 2025CR. MISC./39801/2025

Case brief

AI extract

What is this about?

Sanoj Kumar anticipatory bail Patna High Court CR. MISC. No.39801 of 2025 order 09-07-2025 Jitendra Kumar Fatuha PS Case 820 of 2022 Sections 302/34 IPC Section 27 Arms Act informant application 16.02.2024 petitioner not involved second anticipatory bail new situation prior rejection Cr. Misc. No. 54023 of 2023 SLP dismissed Section 482(2) BNSS 2023 bail bonds Rs. 10,000 two sureties eight weeks.

What did the court decide?

Anticipatory bail granted: petitioner to be enlarged on bail upon arrest or surrender before the court below within eight weeks, on bail bonds of Rs. 10,000/- with two sureties of the like amount each, subject to Section 482(2) B.N.S.S., 2023 and the two specified conditions. ¶21

Sanoj Kumar Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether anticipatory bail should be granted to the petitioner, apprehending arrest in Fatuha P.S. Case No. 820 of 2022 (dated 10.11.2022), registered for offences under Sections 302/34 IPC and Section 27 Arms Act. +1 more

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Court's answer

In view of the informant's application dated 16.02.2024 filed before the learned Additional Chief Judicial Magistrate-Ist., Patna City, the petition is allowed and the petitioner is directed to be enlarged on bail, in the event of his arrest or surrender before the court below within eight weeks, on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each, subject to the conditions laid down under Section 482(2) B.N.S.S., 2023.

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Ratio / Principle

Bail is conditioned on the court below cancelling the petitioner's bail bonds, after hearing him, if satisfied that he concealed known criminal antecedents.

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Key takeaways

Bail is further conditioned on cancellation of the bail bonds if the petitioner's statement regarding the previous bail petition is found to be wrong.ratio¶23

Detailed headnote1 paragraphs

Anticipatory bail granted — Patna High Court, CR. MISC. No.39801 of 2025, oral order of Jitendra Kumar, J., dated 09-07-2025, in Fatuha P.S. Case No. 820 of 2022 (offences under Sections 302/34 IPC and Section 27 Arms Act). Although the petitioner's earlier anticipatory bail application (Cr. Misc. No. 54023 of 2023) was rejected on merit by a Co-ordinate Bench on 12.12.2023 and his S.L.P. was dismissed by the Supreme Court, the Court allowed this second petition in view of the informant's application dated 16.02.2024 before the Additional Chief Judicial Magistrate-Ist., Patna City stating that the petitioner was not involved in the offence. Enlargement directed upon arrest or surrender within eight weeks on bail bonds of Rs. 10,000/- with two like sureties, subject to Section 482(2) B.N.S.S., 2023 and conditions requiring cancellation of bonds if criminal antecedents were concealed or the statement regarding the previous bail petition is wrong.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.39801 of 2025

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Arising Out of PS. Case No.-820 Year-2022 Thana- FATUA District- Patna

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

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Sanoj Kumar S/o British Yadav R/o Village- Vikrampur, Police StationFatuha, District- Patna

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjeev Ranjan, Advocate For the State : Mr. Madan Kumar, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER

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3 09-07-2025

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Heard learned counsel for the petitioner and learned APP for the State.

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The petitioner seeks bail, apprehending his arrest, in connection with Fatuha P.S. Case No. 820 of 2022, dated 10.11.2022, registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

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Prior to the present petition, petitioner has earlier preferred Cr. Misc. No. 54023 of 2023 for anticipatory bail. However, same was rejected by the Co-ordinate Bench of this Court vide order dated 12.12.2023 on merit. Thereafter petitioner moved before Hon’ble Supreme Court by way of S.L.P. However, same was dismissed by Hon’ble Apex Court.

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However, learned counsel for the petitioner submits

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Patna High Court CR. MISC. No.39801 of 2025(3) dt.09-07-2025 2/3

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that this second anticipatory bail petition before this Court has been filed on the basis of new situation. Explaining the new situation, he submits that subsequently one application dated 16.02.2024 has been filed by informant in the Court of Additional Chief Judicial Magistrate-Ist., Patna City in Fatuha P.S. Case No. 820 of 2022 whereby the informant has stated that the petitioner was not involved in the alleged offence. At the time of lodging F.I.R., he has given the name of petitioner in the F.I.R. only on the basis of hearsay, but subsequently he came to know that petitioner was not involved and offence has been committed by someone else. A copy of the said application is filed along with the present petition.

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Learned counsel for the petitioner further submits that in view of such application filed by the informant in the Court of learned Additional Chief Judicial Magistrate-Ist., Patna City, the prosecution case against the petitioner falls on the ground. He further submits that petitioner has no criminal antecedent.

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However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.

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In view of the application dated 16.02.2024 filed by the informant in the Court of learned Additional Chief Judicial

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Patna High Court CR. MISC. No.39801 of 2025(3) dt.09-07-2025 3/3

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Magistrate-Ist., Patna City, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt/production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court below, in connection with Fatuha P.S. Case No. 820 of 2022, subject to the conditions as laid down under Section 482 (2) B.N.S.S., 2023 and on the following conditions:

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(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedent, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.

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(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner.

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(Jitendra Kumar, J.)

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ravishankar/-

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U T

Sanoj Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Sanoj Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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What the court decided

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