Patna High Court
Neeraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The court held that the petitioner is entitled to anticipatory bail subject to the conditions prescribed under the Bharatiya Nyaya Sanhita, 2023.
Summary
The petitioner, Neeraj Kumar, sought anticipatory bail after an FIR (Vaishali P.S. Case No. 543 of 2025) alleged his involvement in assault with a pistol, theft of valuables and cash, and threats, invoking several sections of the Bharatiya Nyaya Sanhita, 2023. The prosecution argued the offences were serious and opposed bail, while the petitioner claimed innocence, alleging a personal dispute over a banquet hall booking and asserting the injuries were caused by a blunt object. The State contended the dispute stemmed from money lending. The court examined the merits of the bail application under Section 2(1)(d) and Section 482(2) of the B.N.S.S., 2023, considering the petitioner’s willingness to furnish a bail bond and comply with conditions. Finding no compelling reason to deny bail, the court ordered anticipatory bail, requiring a Rs.30,000 bond and compliance with statutory conditions. The order was pronounced by Justice Dr. Anshuman.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 2(1)(d) and Section 482(2) of the Bharatiya Nyaya Sanhita, 2023.
- Whether the allegations constitute offences warranting immediate arrest.
- Whether the petitioner is likely to flee, tamper with evidence, or commit further offences if released.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 191(2), 2(1)(d), 303(2), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- Bharatiya Nyaya Sanhita
- criminal procedure
- assault
- theft
- bail bond
- Section 482
- Section 2(1)(d)
- Vaishali
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16681 of 2026
Arising Out of PS. Case No.-543 Year-2025 Thana- VAISHALI District- Vaishali
======================================================
Neeraj Kumar Son of Krishan Mohan Prasad Singh Resident of village and
P.S.- Vaishali, District - Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjit Kumar Thakur, Adv.
For the Opposite Party/s : Mrs. Pushpa Sinha, 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 is apprehending arrest in connection
with Vaishali P.S. Case No. 543 of 2025 lodged on 26.07.2025,
for the offence punishable under Section 191(2), 126(2), 115(2),
109, 352, 351(2) & 303(2) of the Bharatiya Nyaya Sanhita,
2023.
3. As per the prosecution, FIR has been lodged against
three named accused persons including the present petitioner
and 10-15 unknown persons with allegation that they came at
the shop of the informant and started abusing him. The specific
allegation against the petitioner is that he has assaulted the
informant by pistol on his head, due to which, he injured. It has
been further alleged that the accused persons snatched golden
chain amounting Rs. 1,50,000/-, mobile phone amounting
Patna High Court CR. MISC. No.16681 of 2026(3) dt.06-05-2026
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Rs.70,000/- and Rs. 40,000/- cash from the informant. The
accused persons also threatened the informant not to file a case.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
submits that the informant and the petitioner, both are resident
of the same village and well known to each other. Counsel has
taken defence that the petitioner has a banquet hall in Vaishali
market and the informant wanted to book the said hall for his
relative for free of cost. But for that, the petitioner was not ready
and thereafter, the informant hatched a conspiracy against the
petitioner and filed a criminal case against him. He further
submits that the criminal antecedent of the petitioner is not clean
as there is one case pending against him, in which, he is on bail.
He also submits that on previous occasion, case diary and injury
report were called for, and as per the injury report, it is clear that
all injuries are simple in nature, caused by hard and blunt
substance. Counsel submits that the petitioner is ready to fulfill
all the conditions whatsoever shall be imposed upon him.
5. Learned APP for the State opposes the prayer for
bail of the petitioner but submits that in the case diary, it has
come that the dispute taken place between the informant and the
petitioner is only due to money lending.
Patna High Court CR. MISC. No.16681 of 2026(3) dt.06-05-2026
3/3
6. As such, in the present facts and circumstances of
this case, let the above named petitioner be released on
anticipatory bail, in the event of arrest or surrender before the
Trial Court within a period of 4 weeks from today, on furnishing
bail bond of Rs.30,000/- (Rupees Thirty Thousand) as
mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the
satisfaction of J.M. 1st Class, Vaishali at Hajipur, in connection
with Vaishali P.S. Case No. 543 of 2025, subject to the
conditions as laid down U/s 482(2) of the B.N.S.S., 2023.
(Dr. Anshuman, J)
Divyansh/-
U T
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