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Patna High Court

Banti KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner subject to a bail bond and conditions under Section 482(2) of the Bharatiya Nyaya Sanhita, 2023.

Summary

The petitioner, Banti Kumar, was accused of offences under Sections 126(2), 115(2), 109, 74, 351(2) and 351(3) of the Bharatiya Nyaya Sanhita, 2023, for allegedly assaulting and attempting to outrage the modesty of an informant on 23‑08‑2025. The FIR was lodged four days later, and the petitioner claimed the case was false, arising from a loan dispute with the informant’s family. He sought anticipatory bail, arguing innocence, clean antecedents and the unexplained delay in filing the FIR. The State opposed bail, highlighting the seriousness of the offences and the FIR delay. The Court granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs.30,000 and imposing conditions under Section 482(2) of the B.N.S.S., while ordering the trial court to verify any undisclosed criminal antecedents.

Issues considered

  • Whether anticipatory bail should be granted despite the seriousness of the offences alleged under the Bharatiya Nyaya Sanhita, 2023.
  • Whether the four‑day delay in lodging the FIR warrants denial of bail.
  • Whether the petitioner’s claim of a false case arising from a loan dispute affects the bail decision.

Legislation cited

Subjects

  • anticipatory bail
  • delay in FIR
  • false case claim
  • assault
  • criminal law
  • Bharatiya Nyaya Sanhita
  • loan dispute

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10537 of 2026
                  Arising Out of PS. Case No.-1406 Year-2025 Thana- PHULWARISHARIF District- Patna
                 ======================================================
                 Banti Kumar Son of Binod Rai @ Vinod Ray Resident of Village- Chakmusa,
                 Muradpur, Ward No. 11, Bhusaula, Danapur, P.S.- Jaanipur, District- Patna

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Abhishek Kumar Vivek, Advocate
                 For the Opposite Party/s :      Mr. Shahabuddin Azeem @ S. Azeem, A.P.P
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   12-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner is apprehending arrest in connection

                   with Phulwarisharif P.S. (Jaanipur) P.S. Case No. 1406 of 2025

                   lodged on 27.08.2025, for the offence punishable under Sections

                   126(2), 115(2), 109, 74, 351(2), 351(3) of the Bharatiya Nyaya

                   Sanhita, 2023.

                                3. As per the prosecution, FIR has been lodged against

                   three named accused persons including the present petitioner. It

                   has been alleged in the FIR that the petitioner entered in the

                   house of the informant and started abusing her and also tried to

                   outrage her modesty. It has also been alleged that on the

                   instigation of other accused persons, the petitioner has attacked

                   the informant by iron rod on her head due to which, she became
Patna High Court CR. MISC. No.10537 of 2026(2) dt.12-03-2026
                                            2/3




          unconscious. Subsequently, the petitioner fled away and also

          threatened the informant.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has committed no offence. Counsel

          submits that the alleged occurrence took place on 23.08.2025,

          but the FIR has been lodged on 27.08.2025 i.e. after a delay of

          about four days. The said delay has not been explained. He

          further submits that the cause has also not been stated in the FIR

          as to why the allegation has been made against the petitioner.

          But, he submits that in the rejection order, a categorical stand

          has been taken by the petitioner that he has given loan to the

          informant’s family and when the petitioner put pressure for

          refund of the loan amount, then the informant’s side has filed

          false case against the petitioner and other relatives. Counsel

          further submits that the petitioner has clean antecedent.

                       5. Learned APP for the State opposes the prayer for

          bail of the petitioner but fairly submits that from the record, it

          transpires that the alleged occurrence took place on 23.08.2025,

          but the FIR has been lodged on 27.08.2025 i.e. after a delay of

          about four days and the said delay has not been explained.

                       6. As such, in the present facts and circumstances of

          this case, let the above named petitioner be released on
             Patna High Court CR. MISC. No.10537 of 2026(2) dt.12-03-2026
                                                         3/3




                       anticipatory bail, in the event of arrest or surrender before the

                       Trial Court within a period of 4 weeks from today, on furnishing

                       bail bond of Rs.30,000/- (Rupees Thirty Thousand) as

                       mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the

                       satisfaction of Additional Chief Judicial Magistrate-IV, Patna, in

                       connection with Phulwarisharif P.S. (Jaanipur) P.S. Case No.

                       1406 of 2025, subject to the conditions as laid down U/s 482(2)

                       of the B.N.S.S., 2023.

                                    7. The Trial Court is directed to verify the criminal

                       antecedent(s) of the petitioner, and in case, it is found at any

                       stage that the petitioner has concealed the fact about his criminal

                       antecedent(s), the Trial Court shall take steps for cancellation of

                       bail bond of the petitioner. However, the acceptance of the bail

                       bonds in terms of the above-mentioned order shall not be

                       delayed for the purpose of or in the name of verification.



                                                                     (Dr. Anshuman, J)
Divyansh/-

U      T


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