Patna High Court
Kamal Rai @ Kamal Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that the petitioner is entitled to anticipatory bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioner, Kamal Rai, was accused of assaulting the son of an informant with an iron rod, leading to charges under multiple sections of the Bharatiya Nyaya Sanhita. He applied for anticipatory bail, asserting innocence, a simple nature of injury, and a clean antecedent. The State opposed the bail application. The court examined the seriousness of the allegations, the nature of the injury, and the petitioner’s clean record. It granted anticipatory bail, directing that if arrested within eight weeks, the petitioner be released on a bail bond of Rs.10,000 with two sureties, subject to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order also stipulated compliance with the Judicial Magistrate‑I of Motihari.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 despite the charges under the Bharatiya Nyaya Sanhita.
- Whether the nature of the alleged assault and the injury justify denial of anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 118(1), 126(2), 303(2), 324(4), 3(5), 351, 352
Subjects
- anticipatory bail
- assault
- criminal procedure
- Section 482
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1081 of 2026
Arising Out of PS. Case No.-202 Year-2025 Thana- PATAHI District- East Champaran
======================================================
Kamal Rai @ Kamal Kumar Yadav S/o Mauje Rai @ Maijelal Yadav R/o
Vill- Gonahi, PS- Patahi, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar, Advocate
For the Opposite Party/s : Mr. Surendra Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 22-01-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 126(2), 115(2), 118(1),
109, 303(2), 324(4), 352, 351 and 3(5) of the Bharatiya Nyaya
Sanhita.
3. As per F.I.R., petitioner is alleged to have inflicted
iron rod blow on the head of the son of informant.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Injury,
allegedly, caused by the petitioner is simple in nature. Petitioner
claims clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the nature of accusation, injury and
Patna High Court CR. MISC. No.1081 of 2026(2) dt.22-01-2026
2/2
clean antecedent, this anticipatory bail is allowed and it is
ordered that let the above named petitioner in the event of his
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond
of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of Judicial Magistrate-I, Sadar,
Motihari, East Champaran in connection with Patahi P. S. Case
No. 202 of 2025, subject to condition as laid down under
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,
2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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