Patna High Court
Abhishek KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court grants anticipatory bail to the petitioners subject to conditions under Section 438(2) CrPC and Section 482(2) BNSS, 2023.
Summary
The petitioners, Abhishek Kumar and Dev Kumar (Anil Paswan), sought anticipatory bail fearing arrest in connection with FIR No.66 of 2025 alleging offences including assault, theft, and other charges under various sections of the Bihar Negotiable Instruments Act, 2023. Their counsel argued that the FIR contains only ornamental allegations with no specific overt act attributed to them, noting that one petitioner is already on bail in another case and the other has a clean record. The State opposed the bail, contending the seriousness of the charges. The High Court, after considering the submissions, granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS, 2023, including cooperation with the trial and non‑tampering with evidence. The order also directed verification of criminal antecedents and stipulated cancellation of bail for non‑compliance.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 CrPC in view of the allegations in the FIR.
- Whether the allegations in the FIR constitute sufficient ground to deny anticipatory bail.
- Whether the conditions imposed by the court are appropriate and lawful.
Legislation cited
- Bihar Negotiable Instruments Act — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 BNSS
- FIR
- assault
- theft
- bail conditions
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17494 of 2026
Arising Out of PS. Case No.-66 Year-2025 Thana- LAKHISARAI District- Lakhisarai
======================================================
1. Abhishek Kumar
2. Dev Kumar @ Anil Paswan
Both Sons of Virendra Paswan @ Bablu Paswan @ Babul Paswan, Resident
of village -Chitranjan Road, Purani Bazar, Mahaveer Ashthan Sheetala
Mandir Ward No. 11, P.S.-Lakhisarai, District-Lakhisarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajive Ranjan Singh, Advocate
For the Opposite Party/s : Mr.Pramod Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 17-04-2026 Heard Mr.Rajive Ranjan Singh, learned counsel for
the petitioners and Mr.Pramod Kumar Pandey, learned
Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in
connection with Lakhisarai P.S.Case No.66 of 2025, FIR
dated 20.02.2025 registered for the offences punishable under
Sections 191(2), 191(3), 190, 126(2), 115(2), 303(2), 352,
351(2), 109 of BNS, 2023.
3. Allegation against the petitioners is that they
alongwith other co-accused persons have assaulted the son of
the informant due to which he sustained injury.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.17494 of 2026(2) dt.17-04-2026
2/4
petitioner No.1 carries one more case other than the present
one and he is on bail in the said case. Petitioner No.2 has
clean antecedent. Learned counsel for the petitioners submits
that although the petitioners are named in the FIR but from a
bare perusal of the FIR it appears that allegation against the
petitioners is that they caught hold the son of the informant
and co-accused person, namely, Sani Kumar has assaulted by
means of Knife upon the son of the informant and there is no
specific allegation of any assault or overt-act attributed
against petitioner and allegation against petitioner No.1 is that
he committed theft of Rs. 1500/- from the pocket of the son of
the informant . Learned counsel for the petitioners submits
that the allegation against the petitioners is ornamental and
there is no specific allegation of any assault or overt-act
attributed against the petitioners.
5. Learned A.P.P. for the State, on the other hand,
has vehemently opposed the prayer for anticipatory bail of the
petitioners.
6. Considering the aforesaid facts, let the
petitioners, above named, in the event of their arrest or
surrender before the court below within a period of thirty days
from the date of receipt of the order, be released on bail on
Patna High Court CR. MISC. No.17494 of 2026(2) dt.17-04-2026
3/4
furnishing bail bond of Rs.10,000 (Ten Thousand)each with
two sureties of the like amount each to the satisfaction of
learned Chief Judicial Magistrate, Lakhisarai in connection
with Lakhisarai P.S.Case No.66 of 2025, subject to the
conditions as laid down under Section 438(2) of the Code of
Criminal Procedure / Section 482(2) of BNSS, 2023 and with
other following conditions:-
(I) Petitioners 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 their absence on two consecutive dates without
sufficient reason, their bail bonds shall be cancelled by the
Court below.
(II) If the petitioners tamper with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
(III) 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 antecedents, the court below shall
take step for cancellation of bail bond of the petitioners.
However, the acceptance of bail bonds in terms of the above-
Patna High Court CR. MISC. No.17494 of 2026(2) dt.17-04-2026
4/4
mentioned order shall not be delayed for purpose of or in the
name of verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
Checking your session…