Patna High Court

Raj KumarversusThe State of Bihar

Decided: 6 May 2026
Disposal: ALLOWED
Bench: SUNIL DUTTA MISHRA

Holding

The Court granted anticipatory bail to the petitioner subject to bond and surety conditions under Section 482(2) of the B.N.S., 2023.

Summary

Petitioner Raj Kumar was implicated in a violent assault case (Patepur PS Case No.212 of 2025) under multiple sections of the Bharatiya Nagarik Suraksha Sanhita, 2023, alleging armed attack, intent to kill, and theft. He claimed innocence, stating the allegations stemmed from a land dispute with his brother, the informant, and highlighted his clean antecedent. The petitioner sought anticipatory bail, noting that a co-accused had already been granted bail. The State opposed the bail. Considering the nature of the allegations, the petitioner’s clean record, and the circumstances, the Court granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and conditions under Section 482(2) of the B.N.S., 2023.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 given the serious nature of the allegations.
Whether the petitioner’s clean antecedent and the fact that a co-accused was granted bail justify the relief.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109, 115(2), 118(1), 127(1), 303(2), 329(3), 3(5), 351(2), 352, 482(2), 74

Subjects

anticipatory bail
Section 482
criminal procedure
assault with weapons
clean antecedent
land dispute
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13047 of 2026
                       Arising Out of PS. Case No.-212 Year-2025 Thana- PATEPUR District- Vaishali
                 ======================================================
                 Raj Kumar Son of Nagendra Rai, Resident of village Bardiha Turki, P.S.-
                 Patepur, District – Vaishali.
                                                                          ... ... Petitioner/s
                                               Versus
                 The State of Bihar.                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Shivjee Singh, Advocate.
                 For the Opposite Party/s :        Mr. Pranav Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

3   06-05-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Patepur P.S. Case No.212 of 2025 instituted under Sections

                   127(1), 115(2), 109, 118(1), 303(2), 74, 329(3), 351(2), 352, 3(5)

                   of the B.N.S., 2023.

                                3. As per the prosecution case, all the accused persons

                   including the petitioner having armed with weapons came at the

                   house of informant and started assaulting him with intention to

                   kill due to which he got injured. It is alleged that when his wife

                   and father came to rescue him, all the accused persons assaulted

                   them also causing injury to them. It is further alleged that accused

                   persons snatched gold chain from the neck of his wife.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has been falsely implicated in this case.

                   He further submits that petitioner and informant both are the own

                   brothers and there is land dispute between them. Learned counsel
            Patna High Court CR. MISC. No.13047 of 2026(3) dt.06-05-2026
                                                        2/2




                      submits that the injuries to the injured are simple in nature. He

                      further submits that similarly situated co-accused, namely, Ram

                      Kumar has been granted anticipatory bail by the learned Court

                      concerned. Learned counsel submits that petitioner has got clean

                      antecedent and he undertakes to cooperate in the investigation and

                      trial of the case.

                                   5. Learned A.P.P. for the State opposes the prayer for

                      anticipatory bail.

                                   6. Considering the facts and circumstances of the case,

                      submissions of learned counsel for the parties and the nature of

                      allegation leveled against the petitioner as well as his clean

                      antecedent, in the event of arrest or surrender before the Court

                      below within six weeks from today, the petitioner be released on

                      bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten

                      Thousand) with two sureties of the like amount to each to the

                      satisfaction of the learned Additional Chief Judicial Magistrate-

                      XIII, Vaishali at Hajipur/ concerned Court in connection with

                      Patepur P.S. Case No.212 of 2025, subject to the conditions laid

                      down in Section 482(2) of the Bharatiya Nagarik Suraksha

                      Sanhita, 2023.



                                              (Sunil Dutta Mishra, J)
Ritik/-
U       T

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