Sunil Kumar @ Sunil Yadav Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Sunil Kumar @ Sunil Yadav Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted to petitioner No. 2 (Sanjay Kumar @ Chhotu Kumar) on arrest or surrender within six weeks, on bail bonds of Rs. 10,000 with two sureties of the like amount, subject to Section 482(2) BNSS conditions; petitioner No. 1's application dismissed as withdrawn.

Issue for consideration

Whether permission may be granted for withdrawal of the anticipatory bail application filed on behalf of petitioner No. 1, Sunil Kumar @ Sunil Yadav. +1 more

Court's answer

Permission accorded to counsel to withdraw; accordingly, the anticipatory bail application with respect to petitioner No. 1 (Sunil Kumar @ Sunil Yadav) is dismissed as withdrawn.

Ratio / Principle

Anticipatory bail granted to petitioner No. 2 (Sanjay Kumar @ Chhotu Kumar) in connection with Gehlaur P.S. Case No. 06 of 2025, operative upon his arrest or surrender before the learned trial court within six weeks, on furnishing bail bonds of Rs. 10,000 with two sureties of the like amount each.

Key takeaways

Release ordered subject to the conditions laid down under Section 482(2) BNSS, with bail bonds and sureties to the satisfaction of the trial court where the case is pending or its successor court.ratio¶25

Detailed headnote1 paragraphs

Patna High Court, Criminal Miscellaneous No.49803 of 2025 (arising out of Gehlaur P.S. Case No. 06 of 2025, District Gaya; offences under Sections 126, 115(2), 352, 351(2), 303(2), 74, 329(4), 109 and 117(2) of the Bharatiya Nyaya Sanhita): counsel sought and obtained permission to withdraw the anticipatory bail application of petitioner No. 1 (Sunil Kumar @ Sunil Yadav), which stands dismissed as withdrawn; petitioner No. 2 (Sanjay Kumar @ Chhotu Kumar) is granted anticipatory bail, operative upon arrest or surrender before the trial court within six weeks, on bail bonds of Rs. 10,000 with two sureties of the like amount, subject to the conditions under Section 482(2) BNSS. Submission noted that no specific allegation of assault is made against petitioner No. 2 in the FIR. (Satyavrat Verma, J.) 12-08-2025.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.49803 of 2025

Arising Out of PS. Case No.-6 Year-2025 Thana- Gehlaur District- Gaya

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

1. Sunil Kumar @ Sunil Yadav S/o Shiv Nandan Yadav Village- Khari, PSAtri, District- Gaya

1. Sanjay Kumar @ Chhotu Kumar S/o Jay Nandan Yadav Village- Sakardas Nawada, PS- Wazirganj, District- Gaya

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Syed Asgher Najmi, Adv Mr. Ashutosh Kumar Mishra, Adv Mr. Achyut Kumar, Adv For the Opposite Party/s : Mr.Harendra Prasad, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

2 12-08-2025

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The learned counsel for the petitioners, after arguing vehemently for some time realising his difficulty, seeks permission to withdraw the anticipatory bail application with respect to petitioner No. 1, Sunil Kumar @ Sunil Yadav.

3. Permission is accorded.

4. Accordingly, the anticipatory bail application is dismissed as withdrawn with respect to petitioner No. 1, Sunil Kumar @ Sunil Yadav.

5. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 126,

Patna High Court CR. MISC. No.49803 of 2025(2) dt.12-08-2025 2/3

115(2), 352, 351(2), 303(2), 74, 329(4), 109, 117(2) of the Bharatiya Nyaya Sanhita.

6. It is next submitted that petitioner is a person with clean antecedent and the informant alleges that on account of previous enmity, accused persons came and Tinku assaulted her by sabal causing injury on hand, while Shyam Sundar assaulted her grand-daughter by butt of pistol causing injury on head, thereafter Sunil assaulted her brother-in-law by pasuli causing injury on finger and Shrikant snatched her gold chain.

7. It is submitted that from perusal of the allegation of as alleged in the FIR, it would manifest that specific allegation of assault is alleged against the accused persons and as far as the petitioner is concerned, no specific allegation of assault is alleged against him.

8. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

9. Considering the submissions made by the learned counsel for the petitioner No. 2, the petitioner above-named, in the event of his arrest or surrender before the learned trial court 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

Patna High Court CR. MISC. No.49803 of 2025(2) dt.12-08-2025 3/3

each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Gehlaur P.S. Case No. 06 of 2025, subject to the conditions as laid down under Section 482 (2) of the BNSS.

(Satyavrat Verma, J)

Sumit/-

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