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Patna High Court

Loknath KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner subject to the conditions prescribed under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S.

Summary

Loknath Kumar, a resident of Paraiya, Gaya, sought anticipatory bail fearing arrest in a case (PS No. 357/2025) involving offences under Sections 126, 115(2), 109, 74, 303(2) and 3(5) of the Bihar Negotiable Sale Act, 2023. The informant alleged that Kumar and several co‑accused created a ruckus at a marriage ceremony and assaulted various family members with rods, danda and lathi, causing injuries. Kumar contended that he has a clean antecedent, was falsely implicated, and that the alleged injuries were minor and not repeatedly inflicted. The State opposed the bail. The Court, after considering the submissions, held that there was no sufficient ground to deny anticipatory bail and ordered that Kumar be released on anticipatory bail if arrested or surrendered within six weeks, subject to a bail bond of Rs.10,000 and two sureties, and the conditions of Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the Criminal Procedure Code in view of the allegations made in the FIR.
  • Whether the nature of the alleged offences and the petitioner’s antecedents justify denial of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • false implication
  • clean antecedent
  • Bihar Negotiable Sale Act
  • Criminal Procedure Code
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18938 of 2026
                        Arising Out of PS. Case No.-357 Year-2025 Thana- PARAIYA District- Gaya
                 ======================================================
                 Loknath Kumar S/o Suresh Ram @ Suresh Prasad @ Suresh Prasad
                 Chandravanshi R/o Village- English, P.S- Paraiya, Dist- Gaya.
                                                                               ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Aryan Singh, Advocate
                 For the Opposite Party/s :       Mr. Brajendra Nath Pandey, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   06-04-2026                  1. Heard learned counsel for the petitioner and Mr.

                   Brajendra Nath Pandey, learned A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 126,

                   115(2), 109, 74, 303(2) and 3(5) of the BNS, 2023.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and the informant

                   alleges that accused persons created ruckus in his daughter’s

                   marriage and petitioner assaulted him by rod and an iron object

                   causing injury on head while Shiv assaulted his wife by rod and

                   danda on head and Raja dashed her on the ground while

                   Indrajeet and Kaushal assaulted the daughter-in-law of the

                   informant by rod and snatched her chain and also assaulted his

                   brother by rod causing injury on head and Ravi assaulted his

                   brother on hand while Sonu and Utkarsh assaulted his son by
Patna High Court CR. MISC. No.18938 of 2026(2) dt.06-04-2026
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          rod causing injury on hand. Further, Akshay and Suresh

          assaulted the mother of the informant by rod and lathi while

          Raja assaulted his wife and son.

                       4. Learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant. It is further submitted that the allegations are in two

          parts. It is next submitted that in the first part, it is alleged that

          accused persons created ruckus and in the second part, it is

          alleged that the accused assaulted. It is also submitted that even

          presuming what has been alleged is true without admitting then

          the injury suffered by the informant has been opined to be

          simple in nature and the blow is not alleged to have been

          repeated by the petitioner. It is submitted that petitioner is not a

          criminal.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       6. Considering the submissions made by the learned

          counsel appearing on behalf of the petitioner, let the petitioner,

          above-named, in the event of his arrest or surrender within a

          period of six weeks from today, be released on anticipatory bail

          on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand)

          with two sureties of the like amount each to the satisfaction of
           Patna High Court CR. MISC. No.18938 of 2026(2) dt.06-04-2026
                                                       3/3




                     the learned Trial Court where the case is pending/Successor

                     Court in connection with Paraiya P.S. Case No. 357 of 2025,

                     subject to the conditions as laid down under Section 438(2) of

                     the Cr.P.C./482(2) of the B.N.S.S.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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