Created by Fuzzy Cloud

Patna High Court

Abhishek KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.