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Patna High Court

Ankit KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioners subject to a ₹30,000 bond, surrender within four weeks, and verification of criminal antecedents.

Summary

The petitioners, five residents of Padriya village, were named in FIR No. 547 of 2025 for alleged assault on an informant during a dispute over a goat, with charges under several sections of the Bharatiya Nyaya Sanhita, 2023. They applied for bail, asserting innocence and that the incident stemmed from a neighborly scuffle, with injuries being mostly simple except one grievous injury to a third party. The State opposed bail, but the court considered the circumstances, the petitioners' willingness to comply with conditions, and the provisions of the Bharatiya Nagrik Suraksha Sanhita, 2023. Justice Dr. Anshuman ordered that the petitioners be released on bail upon surrender within four weeks, posting a bond of ₹30,000 each, and subject to verification of criminal antecedents under Section 482(2). The order also stipulated that concealment of antecedents would lead to cancellation of bail.

Issues considered

  • Whether the petitioners are entitled to bail under Section 2(1)(d) of the Bharatiya Nagrik Suraksha Sanhita, 2023 in view of the alleged offences.
  • Whether conditions such as bond, surrender within four weeks, and verification of criminal antecedents are appropriate under Section 482(2).

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Bharatiya Nagrik Suraksha Sanhita
  • Bharatiya Nyaya Sanhita
  • section 2(1)(d)
  • section 482(2)
  • injury
  • assault

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15433 of 2026
                       Arising Out of PS. Case No.-547 Year-2025 Thana- BELAGANJ District- Gaya
                 ======================================================
           1.     Ankit Kumar S/o- Aditya Kumar Resident of village- Padriya, PO and PS-
                  Belaganj, District- Gaya
           2.    Manish Kumar S/o- Ramanuj Mahto Resident of village- Padriya, PO and
                 PS- Belaganj, District- Gaya
           3.    Sushant Kumar @ Sureshan Kumar S/o- Aditya Kumar Resident of village-
                 Padriya, PO and PS- Belaganj, District- Gaya
           4.    Pramaditya Mahto S/o- Late Gangaram Mahto Resident of village- Padriya,
                 PO and PS- Belaganj, District- Gaya
           5.    Ramanuj Mahto S/o- Late Prabhu Mahto Resident of village- Padriya, PO
                 and PS- Belaganj, District- Gaya

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Amritanshu Dangi, Advocate
                 For the Opposite Party/s :       Mr.Kumar Veerendra Narayan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   25-03-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners who apprehend arrest in connection

                   with Belaganj P.S. Case No. 547 of 2025 lodged on 22.09.2025,

                   for the offences punishable under sections 126(2), 115(2),

                   109(1), 303(2), 352, 351(2), 74, 3(5) of the Bharatiya Nyaya

                   Sanhita, 2023.

                                3. As per the prosecution, the F.I.R. has been lodged

                   against seven named accused persons, including the petitioners,
Patna High Court CR. MISC. No.15433 of 2026(2) dt.25-03-2026
                                            2/3




          alleging therein that they abused and assaulted the informant,

          causing injury to his head by means of lathi and danda.

                       4. Learned counsel for the petitioners submits that the

          petitioners are innocent and have committed no offence. It is

          further submitted that the cause of dispute has already been

          mentioned in the F.I.R., namely that due to tying of a goat, a

          scuffle took place between two adjacent neighbours. For the

          same date and place of occurrence, there exists a case and

          counter-case between the parties. It is also submitted that

          injuries have been sustained by both sides and, from the injury

          report on record, it appears that most of the injuries are simple

          in nature, except the injury of Aslam Ansari, which has been

          found to be grievous. However, the petitioners undertake that

          such an incident shall not be repeated in future and they are

          ready to abide by any condition that may be imposed by this

          Hon’ble Court in the event of grant of bail.

                       5. Learned APP for the State opposes the prayer for

          bail.

                       6. In the facts and circumstances of the case, let the

          above-named petitioners be released on bail, in the event of

          their arrest or surrender before the Trial Court within a period of

          four weeks from today, on furnishing bail bond of ₹30,000/-
            Patna High Court CR. MISC. No.15433 of 2026(2) dt.25-03-2026
                                                        3/3




                      (Rupees Thirty Thousand only) each, as mentioned in Section

                      2(1)(d) of the Bharatiya Nagrik Suraksha Sanhita, 2023, to the

                      satisfaction of the learned District and Additional Sessions

                      Judge, XVII, Gaya in connection with the aforementioned

                      case, subject to the conditions as laid down under Section

                      482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

                                   7. And further condition that the court below shall

                      verify the criminal antecedent of the petitioners and in case at

                      any stage it is found that the petitioners have concealed their

                      criminal antecedent, the trial Court shall take step for

                      cancellation of bail bond of the petitioners. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                                  (Dr. Anshuman, J)
Ashwini/-

U      T


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