Patna High Court
Abhishek Kumar @ Abhishek Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Anticipatory bail was granted to the petitioner subject to a bond and surety conditions.
Summary
The petitioner, Abhishek Kumar, a 22‑year‑old student, was named in an FIR alleging assault on an informant and her wife under several sections of the Bharatiya Nagarik Suraksha Sanhita. He contended that the allegations were false, arising from a land and grazing dispute, and that the injury to the informant was simple while the co‑accused’s wife suffered grievous injury. He also highlighted a delay of more than three days in filing the FIR and his clean criminal record. The State opposed anticipatory bail, relying on the FIR allegations. The Court, noting the simple nature of the injury, the existence of a counter‑case, the petitioner’s youth, student status, and lack of antecedents, granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and a four‑week surrender condition, under Section 438(2) of the CrPC and Section 482(2) of the BNSS.
Issues considered
- What is the appropriateness of granting anticipatory bail to the petitioner under Section 438(2) Cr.P.C. and Section 482(2) BNSS given the facts of the case?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Criminal Procedure Code — s. 438
Subjects
- anticipatory bail
- false implication
- land dispute
- assault
- simple injury
- student
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13607 of 2026
Arising Out of PS. Case No.-376 Year-2025 Thana- MIRGANJ District- Gopalganj
======================================================
Abhishek Kumar @ Abhishek Kumar Singh Son of Mohan Singh Resident of
Village- Bhagirathi, P.O.- Semraw, P.S.- Mirganj, Dist.- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Shrishti Rani, Advocate
For the Opposite Party/s : Mr. Sunil Kumar Pandey, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 18-03-2026 Heard Ms. Shrishti Rani, learned counsel for the
petitioner and Mr. Sunil Kumar Pandey, learned A.P.P. for the
State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 126(2),
115(2), 303, 109, 74, 352 and 351(2) of the B.N.S.
3. The allegation in the First Information Report is
that the petitioner along with other co-accused persons is said to
have assaulted the informant and her wife.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the present case on
account of enmity between the parties due to land dispute and
grazing of buffalo in the field of the informant. It is further
Patna High Court CR. MISC. No.13607 of 2026(2) dt.18-03-2026
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submitted that the injury sustained by the informant is simple in
nature as would be evident from Annexure-P/3, whereas the
wife of the co-accused of the present case has received grievous
injury, which would be evident from the injury report
(Annexure-P/2) for which a case had been filed on the side of
the accused persons against the present informant. Further, the
F.I.R. has also been lodged after a delay of more than three days
for which no explanation has been tendered. The petitioner is a
22 years old boy and a student, who is appearing for
examinations.
5. Learned APP for the State opposed the prayer for
anticipatory bail on the basis of allegations made in the First
Information Report.
6. Taking into consideration the facts and
circumstances and considering that there is case and counter
case and the injury sustained by the informant is simple in
nature, let the above named petitioner, who is a student and who
has no criminal antecedent, be released on bail, in the event of
his arrest or surrender before the learned Court below within a
period of four weeks from today, on furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Court below
Patna High Court CR. MISC. No.13607 of 2026(2) dt.18-03-2026
3/3
where the case is pending/successor Court in connection with
Mirganj P.S. Case No. 376 of 2025, subject to the condition as
laid down under Section 438 (2) of the Cr.P.C/ Section 482 (2)
of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
(Soni Shrivastava, J)
anand/-
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