Patna High Court
Ankit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
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
- Bharatiya Nagrik Suraksha Sanhita — s. 2(1)(d), 482(2)
- Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 126(2), 303(2), 3(5), 351(2), 352, 74
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
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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
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(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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