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Patna High Court

Abhishek Kumar @ Abhishek Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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/-
U       T


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