Patna High Court
Kari DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
The court granted bail to the petitioner, subject to bond and conditions under Section 482(2) of the B.N.S.S., 2023.
Summary
Kari Das, the petitioner, was implicated in a criminal case (PS No.97 of 2025) for offences under several sections of the B.N.S. He claimed innocence, stating that a land dispute led to mutual injuries and that a counter‑case had been filed against the informant. He asserted no prior criminal record and had not previously applied for anticipatory or regular bail. The State opposed the bail application. The High Court, considering the existence of a counter‑case and injuries on both sides, granted bail subject to a Rs.10,000 bond with two sureties and conditions under Section 482(2) of the B.N.S.S., 2023, including cancellation if antecedents are discovered or false statements are made.
Issues considered
- Whether bail should be granted to the petitioner in view of the pending criminal case and counter‑case.
- Whether the petitioner’s claim of no prior criminal antecedent is credible.
- Whether Section 482(2) of the B.N.S.S., 2023 can be invoked to impose conditions on bail.
Legislation cited
- B.N.S.S., 2023 — s. 482
Subjects
- bail
- criminal procedure
- Section 482
- counter case
- land dispute
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16427 of 2026
Arising Out of PS. Case No.-97 Year-2025 Thana- Mabby District- Darbhanga
======================================================
Kari Das Son of Bilash Das, R/o Village - Shishodih, P.S. - Mabbi(Sadar),
Dist. - Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Baidya Nath Prasad, Advocate
For the State : Mr. Shantanu Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail, apprehending his arrest,
in connection with Mabbi (Sadar) P.S. Case No. 97 of 2025,
dated 26.07.2025, registered for the offences punishable under
Sections 126(2), 115(2), 109, 352, 351(2) and 3(5) of the BNS.
3. There is allegation of assault by the accused
persons against the informant and his family member.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in this
case. He further submits that as a matter of fact, the petitioner
and the informant’s side are agnates and on account of land
dispute, altercation took place in which both sides got injuries
and case and counter case has been filed. The counter case filed
Patna High Court CR. MISC. No.16427 of 2026(2) dt.25-03-2026
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by the petitioner’s side is Mabbi (Sadar) P.S. Case No. 101 of
2025 registered for the offences punishable under Sections
126(2), 115(2), 117(2), 303(2), 352, 351(2) and 3(5) of the BNS.
5. It is also stated in paragraph no. 2 of the bail
petition that the petitioner has not moved this Court earlier
either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the
bail petition that the petitioner has no criminal antecedent.
7. However, learned APP for the State vehemently
opposes the prayer of the Petitioner for bail.
8. Considering the case and counter case and injury on
both sides, this petition is allowed, directing the petitioner,
above-named, to be enlarged on bail, in the event of his arrest
or surrender before the court below within a period of eight
weeks from the date of receipt / production of a copy of this
order, on his furnishing bail bonds in the sum of Rs. 10,000/-
(Ten Thousand) with two sureties of the like amount each to the
satisfaction of learned concerned Court Below, in connection
with Mabbi (Sadar) P.S. Case No. 97 of 2025, subject to the
conditions as laid down under Section 482 (2) of the B.N.S.S.,
2023 and on the following conditions:
(i) In case, it is brought to the notice of the court
Patna High Court CR. MISC. No.16427 of 2026(2) dt.25-03-2026
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below that the petitioner has any criminal antecedent, learned
court below shall cancel the bail bonds of the petitioner after
hearing him and getting satisfied that the petitioner has
concealed his criminal antecedents despite his knowledge of the
same.
(ii) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong,
learned court below shall cancel the bail bonds of the petitioner.
(Jitendra Kumar, J.)
ravishankar/-
U T
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