Patna High Court

Anish Kumar @ HariversusThe State of Bihar

Decided: 6 May 2026
Disposal: BAIL GRANTED
Bench: ANSHUMAN

Holding

The court granted bail to the petitioner subject to a bond of ₹30,000 and conditions under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

Summary

The petitioner, Anish Kumar, sought anticipatory bail fearing arrest in a 2021 case alleging offences under sections 341, 323, 504, 506, 379 and 307/34 of the Bharatiya Nyaya Sanhita. He claimed innocence, argued the FIR was vague, and that the alleged assault did not cause injury, thus not attracting Section 307. The State contended the allegations were specific and opposed bail. The Court examined the specificity of the FIR, the presence of corroborative material, and the applicability of the offence provisions. Finding insufficient material to justify denial of bail and noting the petitioner’s right to liberty, the Court ordered his release on bail upon furnishing a bond of ₹30,000 and compliance with conditions under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita.

Issues considered

Whether the petitioner is entitled to anticipatory bail in view of the allegations under the Bharatiya Nyaya Sanhita.
Whether the ingredients of Section 307 of the Indian Penal Code are attracted in the present facts.
Whether the FIR is sufficiently specific to deny bail.
Whether the lack of corroborative material justifies granting bail.

Legislation cited

Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 2(1)(d), 482(2)
Bharatiya Nyaya Sanhita, 2023 — s. 307/34, 323, 341, 379, 504, 506

Subjects

bail
anticipatory bail
criminal procedure
Bharatiya Nyaya Sanhita
Bharatiya Nagrik Suraksha Sanhita
FIR specificity
Section 307 IPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16084 of 2026
                        Arising Out of PS. Case No.-127 Year-2021 Thana- PALIGANJ District- Patna

                 ======================================================
                 Anish Kumar @ Hari S/o Umesh Singh Resident of Village - Jalpura, P.S -
                 Paliganj, District - Patna

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

                                                                              ... ... Opposite Party/s

                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Shyam Kishore, Advocate

                 For the Opposite Party/s :        Mr.Dr. Ajeet Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

3   06-05-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner who apprehends arrest in connection

                   with Paliganj P.S. Case No. 127 of 2021 lodged on 04.04.2021,

                   for the offences punishable under sections 341, 323, 504, 506,

                   379, 307/34 of the Bharatiya Nyaya Sanhita, 2023.

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

                   against two named and two unknown accused persons,

                   including the present petitioner. It is alleged therein that the

                   petitioner assaulted the informant by wrapping a towel around

                   his neck.

                                 4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.16084 of 2026(3) dt.06-05-2026
                                            2/3




          petitioner is innocent and has committed no offence. It is further

          submitted that the petitioner had earlier moved for anticipatory

          bail before the learned Sessions Court on two occasions—firstly

          in A.B.P. No. 6905 of 2021 and secondly, in A.B.P. No. 6869 of

          2021. Learned counsel further submits that the petitioner and the

          informant are co-villagers, and the allegations levelled in the

          F.I.R. are not specific but are general and omnibus in nature. It

          is also contended that the ingredients of Section 307 of the

          Indian Penal Code are not attracted in the present case, as the

          informant has not sustained any injury. Moreover, there is no

          corroborative material on record to substantiate the allegations

          against the petitioner. It is thus submitted that the present F.I.R.

          has been lodged on account of local rivalry between the parties.

                        5. Learned APP for the State opposes the prayer for

          bail and submits that the allegation is specific against the

          petitioner.

                        6. In the facts and circumstances, let the above named

          petitioner be released on bail, in the event of arrest or surrender

          before the Trial Court within a period of four weeks from today,

          on furnishing bail bond of ₹30000/- (thirty thousand) as

          mentioned in Section 2(1) (d) of the Bharatiya Nagrik Suraksha

          Sanhita, 2023 to the satisfaction of the Learned S.D.J.M.,
          Patna High Court CR. MISC. No.16084 of 2026(3) dt.06-05-2026
                                                      3/3




                    Danapur, Patna, in connection with Paliganj P.S. Case No. 127

                    of 2021, subject to the conditions as laid down under Section

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



                                                (Dr. Anshuman, J)
Ashwini/Manshi

U     T

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