Patna High Court
Anil Kumar Soni @ Anil Prasad @ Anil KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court granted anticipatory bail to the petitioner with conditions.
Summary
The petitioner, Anil Kumar Soni, sought anticipatory bail fearing arrest in a case (Masrakh P.S. No.547 of 2024) that alleged he, along with co‑accused, assaulted an informant and his family. The charges were framed under several sections of the Bharatiya Nyaya Sanhita, including offences of assault and causing hurt. The petitioner contended that he was falsely implicated, that the injuries were minor, and that the complaint was lodged by the informant’s servant. The State opposed the bail, arguing the seriousness of the allegations. After considering the facts, the court granted anticipatory bail subject to a bond of Rs 10,000 and two sureties, imposing conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS. The order was made by Justice Nawneet Kumar Pandey.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the CrPC and Section 482 of the BNSS despite the serious nature of the allegations.
- Whether the allegations of assault and injury constitute sufficient ground to deny bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 118(1), 126(2), 303(2), 3(5), 482(2), 74
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Criminal Procedure Code
- Bharatiya Nyaya Sanhita
- assault
- false implication
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4596 of 2026
Arising Out of PS. Case No.-547 Year-2024 Thana- MASHRAK District- Saran
======================================================
Anil Kumar Soni @ Anil Prasad @ Anil Kumar Son of Suresh Prasad
Resident Of Village- Masharakh Takht, Po and Ps- Masharakh, Dist- Saran at
Chhapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rananjay Kumar, Adv.
Mr. Shahi Jawed, Adv.
Mrs. Chhateshwarsi Kumari, Adv.
Mr. Shailendra Kumar, Adv.
Mr. Aamir Suhail, Adv.
Mr. Sumit Kumar, Adv.
Mr. Kumar Binode Bariar
For the Opposite Party/s : Mr.Shailendra Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
2 30-01-2026 Heard learned counsel for the petitioner as well as the
learned APP for the State.
2. The petitioner apprehends his arrest in connection with
Masrakh P.S. Case No. 547 of 2024, registered for the offences
punishable under Sections 126(2), 115(2), 118(1), 109(1), 74, 303(2),
3(5) of the Bharatiya Nyaya Sanhita.
3. As per the allegation, the accused persons along with
the petitioner abused and assaulted the informant and his family
members. It is further alleged that the co-accused, Anil Prasad
injured his head by means of ‘daab’, Nagmani and co- accused,
Shankar assaulted with ‘iron rod’.
4. The learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.4596 of 2026(2) dt.30-01-2026
2/2
that the petitioner is innocent and has falsely been implicated in this
case. Both the parties are agnates and the case mentioned in
paragraph no. 3 of the bail petition has been lodged at the instance of
the informant by his servant. He has further submitted that the
injuries are simple in nature.
5. On the other hand, learned APP for the State has
opposed the prayer for bail.
6. Considering the above-mentioned facts and
circumstances, 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 ACJM-
VII, Saran at Chhapra/concerned court in connection with Masrakh
P.S. Case No. 547 of 2024, subject to the conditions as laid down
under Section 438(2) of the CrPC/482(2) of the BNSS, 2023.
(Nawneet Kumar Pandey, J)
Nirmal/-
U T
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