Patna High Court
Aakesh Das @ Aakesh Kumar @ Akesh Kumar DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner subject to conditions under Section 482(2) of the B.N.S.S.
Summary
The petitioner, Aakesh Das, sought anticipatory bail fearing arrest in a case (PS Silao, Case No. 352 of 2025) alleging offences under Sections 115(2), 126(2), 190, 191(2), 109(1), 74, 303(2), 351(3) and 352 of the B.N.S. The prosecution alleged that the petitioner assaulted Ishwar Das with an iron rod. The petitioner contended that he was falsely implicated due to a land dispute, that the injuries were minor, and that he has a clean antecedent. The State opposed the grant of anticipatory bail. Considering the nature of the alleged injuries, the petitioner’s clean record, and the circumstances of the case, the Court allowed anticipatory bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties, subject to Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the serious charges listed under the B.N.S.
- Whether the petitioner poses a flight risk or threat to the investigation
- Whether the allegations stem from a false implication related to a land dispute
Legislation cited
Subjects
- anticipatory bail
- assault
- false implication
- land dispute
- clean antecedent
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12293 of 2026
Arising Out of PS. Case No.-352 Year-2025 Thana- SILAO District- Nalanda
======================================================
Aakesh Das @ Aakesh Kumar @ Akesh Kumar Das S/O Karu Das @ Karu
Ravidas R/O Vill.- Nanand, P.S.- Silao, Dist.- Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Md. Imteyaz Ahmad, Advocate
For the State : Mr. Rajendra Nath Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 24-02-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 115(2),
126(2), 190, 191(2), 109(1), 74, 303(2), 351(3) and 352 of the
B.N.S..
3. As per prosecution case, it is alleged that this
petitioner assaulted one Ishwar Das with iron rod.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. Petitioner has falsely been implicated in
this case due to land dispute between the parties. Doctor has
found the injuries, allegedly caused by this petitioner, simple in
Patna High Court CR. MISC. No.12293 of 2026(2) dt.24-02-2026
2/2
nature. Rest of the allegations are ornamental in order to make
the case grave. Petitioner claims clean antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
6. Considering the facts and circumstances of the
case, nature of injuries allegedly caused by this petitioner and
clean antecedents of the petitioner, the prayer for grant of
anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioner 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 learned Judicial Magistrate 1st Class,
Nalanda at Biharsharif in connection with Silao P.S. Case No.
352 of 2025, subject to condition as laid down under Section
482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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