Patna High Court
Anand KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
The Court granted anticipatory bail to the petitioner.
Summary
Anand Kumar applied for anticipatory bail after being implicated in a case (PS No. 234 of 2025) involving offences under the Bharatiya Nyaya Sanhita, 2023, where four persons allegedly assaulted an informant and looted his belongings. The petitioner argued that the injuries were simple, his mother had filed a counter‑case, and he had no prior criminal record. The State opposed the bail, contending the seriousness of the charges. The Court considered the petitioner’s clean antecedent, his youth, and the minor nature of the injuries, and found no compelling reason to deny bail. Consequently, the Court ordered that anticipatory bail be granted subject to a bond of Rs. 10,000 and two sureties, under Section 438 of the CrPC and Section 482 of the Bharatiya Nagarik Suraksha Sanhita. The order is limited to the bail application and does not prejudice the merits of the trial.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the Code of Criminal Procedure and Section 482 of the Bharatiya Nagarik Suraksha Sanhita, considering the nature of the alleged offences and his lack of criminal antecedent.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 126(2), 303(2), 3(5), 351(2), 352
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- no criminal antecedent
- simple injury
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29749 of 2026
Arising Out of PS. Case No.-234 Year-2025 Thana- CHERIYA BARIYARPUR District-
Begusarai
======================================================
Anand Kumar Son of Prayag Singh Resident of Village - Rajaura, Police
Station - Mufassil, District -Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shashank Shekhar, Adv.
For the Opposite Party/s : Mr.Ram Anurag Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
3 13-05-2026 Heard the learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection
with Cheriya Bariyarpur P.S. Case No. 234 of 2025 registered for the
offences punishable under Sections 126(2), 115(2), 303(2), 352,
351(2), 109(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. Four persons are alleged to have assaulted the informant
and looted his belongings.
4. Learned counsel for the petitioner states that mother of
the petitioner has filed a counter case Cheriya Bariyarpur P.S. Case
No. 235 of 2025. Moreover the injuries are simple in nature. The
petitioner has got no criminal antecedent.
5. Learned APP for the State has vehemently opposed the
prayer for anticipatory bail of the petitioner.
Patna High Court CR. MISC. No.29749 of 2026(3) dt.13-05-2026
2/2
6. Considering that the petitioner bears no criminal
antecedent and he is the young man and the injury sustained is simple
in nature, this Court is inclined to grant the privilege of anticipatory
bail to the petitioner.
7. Let the petitioner, above named, in the event of his/her
arrest or surrender before the Court below within a period of thirty
days from the date of receipt of the order, be released on 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
Additional Chief Judicial Magistrate, Manjhaul at Begusarai in
connection with Cheriya Bariyarpur P.S. Case No. 234 of 2025 ,
subject to the conditions as laid down under Section 438(2) of the
Code of Criminal Procedure / Section 482(2) of the Bharatiya
Nagarik Suraksha Sanhita.
8. It is made clear that any observation made herein is prima
facie in nature and limited solely for the purpose of adjudication of the
present bail application. Such observations shall not be construed as an
expression on the merits of the case and shall not influence the trial or
any other proceedings in any manner.
(Ansul, J)
abhishekkr/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.