Patna High Court
Anand Kumar @ Anand PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court granted anticipatory bail to the petitioner, subject to specified conditions.
Summary
Anand Kumar sought anticipatory bail fearing arrest in PS Hussainganj Case No. 443 of 2025, which alleged offences under several sections of the Bharatiya Nyaya Sanhita arising from a dispute over a drain that led to a physical altercation involving a sickle. The prosecution alleged that both the informant and the petitioner inflicted injuries, while the petitioner contended that the injuries were simple, that there was a case and counter‑case, and that he had no prior criminal record. The State opposed the bail, emphasizing the petitioner’s role in causing injury. The Court examined the nature of the injuries, the absence of a criminal antecedent, and the presence of a counter‑case, and decided to extend the privilege of anticipatory bail. Accordingly, the petitioner was ordered to be released on bail if arrested within four weeks, subject to a bond and several conditions regarding appearance, non‑tampering with witnesses, and refraining from further offences.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the case
- Whether the nature of the injuries (simple vs grievous) and the petitioner’s lack of antecedent justify bail
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 118(1), 126(2), 3(5), 351(2), 352
Subjects
- anticipatory bail
- criminal procedure
- assault
- simple injury
- Bharatiya Nyaya Sanhita
- case and counter case
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13232 of 2026
Arising Out of PS. Case No.-443 Year-2025 Thana- HUSSAINGANJ District- Siwan
======================================================
Anand Kumar @ Anand Prasad S/o Late Rajendra Prasad R/o Village-
Mahapur, Khajarauni, P.S- Hussainganj, P.O.- Faridpur, Dist- Siwan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Lakshmi Kumari, Advocate
: Mr. Ankesh Kumar, Advocate
: Mr. Kanishk Kaustubh, Advocate
For the State : Mr. Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 29-04-2026 Heard Ms. Lakshmi Kumari, learned counsel
for the petitioner duly assisted by Mr. Ankesh Kumar and Mr.
Jitendra Kumar Singh, learned APP representing the State.
2. The petitioner is apprehending his arrest in
connection with Hussainganj P.S. Case No. 443 of 2025
registered for the offence under Sections 126(2), 115(2), 118(1),
109(1), 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita,
lodged on 02.12.2025 by the informant, Rambabu Prasad.
3. As per the prosecution story, the informant alleged
that on dispute of construction of drain, armed variously, the
attack took place. While Keshav Prasad attacked the informant
by a sickle causing injury on the head, this petitioner attacked
Abhimanyu, again on the head as also right arm causing
Patna High Court CR. MISC. No.13232 of 2026(3) dt.29-04-2026
2/3
injuries. This led to the F.I.R.
4. Learned counsel for the petitioner submits that
there is case and counter case, both side have suffered, the
injury report records, injury as 3 cm X 0.3 cm on the head as
also 0.5 cm on the left arm and though the nature has not been
recorded, a perusal would show that it is simple in nature, this
petitioner has no criminal antecedent and shall be diligently
appearing in trial, if granted relief.
5. Learned APP opposes the prayer submitting that he
has caused injury to the other side.
6. Taking into account the submissions of the parties
as also that the injury has not been recorded as grievous in
nature, this petitioner has no criminal antecedent, there is case
and counter case, in that background, this Court is inclined to
extend him the privilege of anticipatory bail.
7. Let the petitioner be released on bail in the event of
arrest or surrender within a period of four weeks from the
receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) with two sureties of like amount each to the
satisfaction of learned Chief Judicial Magistrate, Siwan, in
connection with Hussainganj P.S. Case No. 443 of 2025 subject
to the following conditions:-
Patna High Court CR. MISC. No.13232 of 2026(3) dt.29-04-2026
3/3
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document (Aadhar Card/Voter Id/Driving License/Pan Card) to
show his/her bona fide;
(ii) the petitioner shall be appearing before the Police
Station as and when required for cooperating in the
investigation;
(iii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his/her
bail bond by the Trial Court itself;
(iv) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(v) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of bail bonds.
(Rajiv Roy, J)
vinayak/-
U T
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