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Patna High Court

Eshant KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Since the FIR does not specifically allege the petitioner’s participation, the High Court allowed the bail application and ordered his release on bail.

Summary

The petitioner, Eshant Kumar, feared arrest in a criminal case (Halsi P.S. Case No. 109 of 2021) filed under Sections 323, 324, 307, 379 and 504/34 of the IPC. The FIR alleged assault on an informant, but the petitioner was not named as an assailant; the co‑accused were identified as the perpetrators. The petitioner applied for bail, arguing that the charge of assault was not specifically directed against him. The High Court observed that the allegation did not specifically implicate the petitioner and therefore allowed the bail application. The Court ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the conditions of Section 482 and Section 438(2) of the CrPC. The order was pronounced by Justice Sandeep Kumar.

Issues considered

  • Whether the petitioner can be arrested when the FIR does not specifically allege his participation in the alleged assault.
  • Whether bail should be granted to the petitioner under the inherent powers of the High Court and anticipatory bail provisions.

Legislation cited

Subjects

  • bail
  • anticipatory bail
  • Criminal Procedure Code
  • Indian Penal Code
  • assault
  • High Court
  • Section 482
  • Section 438
  • Petitioner
  • State of Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14807 of 2026
                       Arising Out of PS. Case No.-109 Year-2021 Thana- HALSI District- Lakhisarai
                 ======================================================
                 Eshant Kumar Son of Bikash Singh R/o Village - Konag, P.S. - Halsi, District-
                 Lakhisarai.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Rajesh Kumar, Advocate
                 For the State            :        Mr.Shailendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   12-03-2026                   Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends arrest in connection

                   with Halsi P.S. Case No. 109 of 2021 instituted under Sections

                   323, 324, 307, 379 and 504/34 of the Indian Penal Code.

                                3. The allegation against the accused persons is of

                   assaulting the informant causing injuries.

                                4. From the FIR, it appears that the petitioner has not

                   assaulted anybody. The other co-accused are the assailants of

                   the victim.

                                5. Considering the fact that the allegation of assault

                   is not specifically directed against the petitioner, this

                   application is allowed.

                                 6. Accordingly, in the event of arrest or surrender
           Patna High Court CR. MISC. No.14807 of 2026(2) dt.12-03-2026
                                                       2/2




                     before the Court below within six weeks from today, the

                     petitioner, above named, be released on bail upon furnishing

                     bail bonds of Rs.10,000/- (ten thousand) with two sureties of the

                     like amount each to the satisfaction of the learned Judicial

                     Magistrate, 1st Lakhisarai/ concerned Court in connection with

                     Halsi P.S. Case No. 109 of 2021, subject to the conditions laid

                     down in Section 482 of the BNSS/ 438(2) of the Code of

                     Criminal Procedure, 1973.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T


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