Patna High Court
Anish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to a bond of Rs.10,000 and specified conditions.
Summary
Anish Kumar was arrested on 12 January 2026 in connection with FIR dated 11 January 2026 for offences under Sections 191(2), 190, 126(2), 115(2), 109(1), 303(2) and 352 of the Bihar Narcotic Substances Act, 2023. The prosecution alleged that he, along with others, assaulted an informant while under the influence of alcohol. The petitioner contended that he has a clean antecedent, was falsely implicated, and that the FIR contains only a general allegation against all accused without a specific charge against him. The court examined the lack of a specific allegation and the petitioner’s clean record, and consequently granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents. The bail order was directed to be implemented by the Sub‑Divisional Judicial Magistrate, Arwal.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offences alleged.
- Whether the FIR contains a specific allegation against the petitioner sufficient to deny bail.
- Whether the petitioner’s clean antecedent and the circumstances justify the grant of bail.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 109(1), 115(2), 126(2), 190, 191(2), 303(2), 352
Subjects
- bail
- criminal procedure
- clean antecedent
- specific allegation
- Bihar Narcotic Substances Act
- assault
- alcohol influence
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16132 of 2026
Arising Out of PS. Case No.-8 Year-2026 Thana- Shahartelpa P.S. District- Arwal
======================================================
Anish Kumar S/o- Vijay Bind Resident of Village- Mahavirganj Ps- Town
Telpa Dist- Arwal
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amrendra Kumar Singh, Advocate
For the Opposite Party/s : Mr. Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 12-03-2026 Heard Mr. Amrendra Kumar Singh, learned counsel
for the petitioner and Mr. Anil Kumar, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
12.01.2026 in connection with Town Telpa P.S. Case No. 08 of
2026, F.I.R. dated 11.01.2026 for the offences punishable under
Sections 191(2), 190, 126(2), 115(2), 109(1), 303(2) and 352 of
the BNS, 2023.
3. According to prosecution case, this petitioner along
with other accused persons under the influence of alcohol have
assaulted the informant and other persons.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. Although petitioner is named in
Patna High Court CR. MISC. No.16132 of 2026(2) dt.12-03-2026
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the F.I.R but it appears from the F.I.R that there is no direct and
specific allegation of assault attributed against the petitioner
rather there is general and omnibus allegation against all the
accused persons including this petitioner. The petitioner is in
custody since 12.01.2026.
5 Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
that the petitioner has clean antecedent and there is specific
allegation against the petitioner, let the petitioner, above named,
be released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned S.D.J.M, Arwal in connection with
Town Telpa P.S. Case No. 8 of 2026, subject to the following
conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
Patna High Court CR. MISC. No.16132 of 2026(2) dt.12-03-2026
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move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. 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.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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