Patna High Court

Deepak KumarversusThe State of Bihar

Decided: 23 March 2026
Disposal: DISPOSED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail is granted to petitioner no. 2 subject to the conditions stipulated.

Summary

The petitioners, Deepak Kumar and Bittu Singh, filed anticipatory bail applications in a case involving alleged assault under multiple sections of the Bharatiya Nyaya Sanhita. Deepak Kumar's application was withdrawn after his arrest. Bittu Singh claimed innocence, arguing that the allegations were vague and no specific overt act was attributed to him, and cited that co‑accused had been granted anticipatory bail in a similar case. The State opposed the bail. The Court, considering the nature of the accusations and precedent, granted anticipatory bail to Bittu Singh, subject to a bail bond of Rs.10,000, two sureties, and compliance with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita within eight weeks of arrest.

Issues considered

Whether anticipatory bail should be granted to petitioner no. 2 despite the serious offences alleged under the Bharatiya Nyaya Sanhita.
Whether the allegations against petitioner no. 2 are sufficiently specific to deny bail.
Whether the conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita justify granting anticipatory bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Bharatiya Nyaya Sanhita — s. 109, 117(2), 118(1), 126(2), 190, 191(2), 303(2), 351(2), 352

Subjects

anticipatory bail
assault
Bharatiya Nyaya Sanhita
Section 482
bail conditions
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13740 of 2026
                       Arising Out of PS. Case No.-303 Year-2025 Thana- SIRDALA District- Nawada
                 ======================================================
           1.     Deepak Kumar S/o Manoj Singh R/o Village- Padeya, P.S- Sirdala, Dist-
                  Nawada.
           2.    Bittu Singh S/o Anugrah Singh R/o Village- Padeya, P.S- Sirdala, Dist-
                 Nawada.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sunil Kumar, Advocate
                 For the Opposite Party/s :       Mr. Aditya Narayan Singh.1, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   23-03-2026                  At the outset, learned counsel for the petitioners seeks

                   permission to withdraw this anticipatory bail application with

                   regard to petitioner no. 1 as he has already been arrested during

                   pendency of the case.

                                2. Permission is granted.

                                3. This anticipatory bail application with regard to

                   petitioner no. 1 is, accordingly, dismissed as withdrawn.

                                4. Heard learned counsel for the petitioners and the

                   State.

                                5. Petitioner no. 2 apprehends arrest in a case

                   registered for the offences punishable under Sections 190,

                   191(2), 126(2), 109, 118(1), 117(2), 303(2), 352, 351(2) of the
Patna High Court CR. MISC. No.13740 of 2026(2) dt.23-03-2026
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          Bharatiya Nyaya Sanhita.

                       6. As per F.I.R., all the named accused persons,

          including this petitioner, assaulted brother of the informant with

          iron rod, khanti and hockey stick.

                       7. Learned counsel for the petitioner submits that

          petitioner is innocent and has committed no offence. Allegation

          of assault is general and omnibus and there is no allegation of

          any specific overt act against petitioner. Similarly situated co-

          accused persons have already been granted anticipatory bail by

          co-ordinate Bench of this Court vide order dated 18.12.2025

          passed in Cr. Misc. No. 83415 of 2025.

                       8. Learned A.P.P. for the State vehemently opposed

          the bail application.

                       9. Considering backdrop of the case and nature of

          accusation, this anticipatory bail is allowed and it is ordered that

          let the above named petitioner no. 2 in the event of his

          arrest/surrender before the court below within a period of eight

          weeks from today, 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 Judicial Magistrate, 1st Class,

          Nawada in connection with Sirdala P. S. Case No. 303 of 2025,

          subject to condition as laid down under Section 482(2) of the
              Patna High Court CR. MISC. No.13740 of 2026(2) dt.23-03-2026
                                                          3/3




                        Bharatiya Nagarik Suraksha Sanhita, 2023.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T

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