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Patna High Court

Ganesh Kumar @ Satyam @ Satyam KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The High Court allowed anticipatory bail to the petitioners, subject to a bail bond and sureties.

Summary

Ganesh Kumar and Kartik Kumar sought anticipatory bail fearing arrest in a case registered under Sections 341, 323, 308, 379, 504, 506 and 34 of the IPC for allegedly assaulting an informant's family. The prosecution alleged that the petitioners assaulted the informant's uncle with a crowbar and the informant's relative with an iron rod. The petitioners contended that the incident was a petty village dispute, both parties sustained injuries, and they have clean antecedents. The State opposed the bail, but the Court noted the case‑and‑counter‑case facts, the petitioners' clean record, and the minor nature of injuries. Consequently, the Court granted anticipatory bail, directing each petitioner to furnish a bail bond of Rs 10,000 with two sureties, subject to Section 482(2) of the CrPC.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under the circumstances of the case
  • Whether the allegations under the specified IPC sections constitute a grave offence warranting denial of bail
  • Whether the petitioners' clean antecedents and the existence of a case‑and‑counter‑case justify bail

Legislation cited

Subjects

  • anticipatory bail
  • Indian Penal Code
  • Criminal Procedure Code
  • assault
  • clean antecedents
  • high court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19634 of 2026

                      Arising Out of PS. Case No.-561 Year-2023 Thana- CHANDAUTI District- Gaya
                 ======================================================
           1.    Ganesh Kumar @ Satyam @ Satyam Kumar S/o Shiv Kumar Yadav R/o
                 Village - Agraila, P.S - Chandauti, District - Gaya
           2.    Kartik Kumar @ Shivam @ Shivam Kumar S/o Shiv Kumar Yadav R/o
                 Village - Agraila, P.S - Chandauti, District - Gaya

                                                                                 ... ... Petitioner/s
                                                      Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioners     :       Mr. Sunil Kumar Yadav, Advocate
                 For the State           :       Mr. Harendra Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   07-04-2026                  Heard learned counsel appearing on behalf of the

                   petitioners and learned APP appearing on behalf of the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence punishable under Sections 341, 323,

                   308, 379, 504, 506 and 34 of the Indian Penal Code.

                                3. As per prosecution case, it is alleged that all the

                   F.I.R. named accused persons, including these petitioners,

                   abused and assaulted informant and his family members.

                   Petitioner No. 1, namely Ganesh Kumar, is alleged to have

                   assaulted      uncle of informant, namely Yogendra Kumar, by

                   means of Sabbal (crowbar) and Petitioner No. 2, namely Kartik
Patna High Court CR. MISC. No.19634 of 2026(2) dt.07-04-2026
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          Kumar, is alleged to have assaulted with iron rod.

                       4. It is submitted by learned counsel appearing on

          behalf of the petitioners that petitioners are quite innocent and

          have committed no offence. As a matter of fact, both parties are

          co-villagers and due to petty dispute, a simple maar-peet took

          place in which both sides sustained injuries. There is case and

          counter-case. Doctor has found the injuries, allegedly caused by

          these petitioners, simple in nature. Petitioners claim clean

          antecedents.

                       5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of anticipatory bail to the

          petitioners.

                       6. Considering the facts and circumstances of the

          case, case and counter-case between the parties and clean

          antecedents of the petitioners, the prayer for grant of

          anticipatory bail to the petitioners is allowed.

                       7. Accordingly, in the event of arrest/surrender within

          a period of eight weeks from today, let the above named

          petitioners be enlarged on bail on furnishing bail-bond of Rs.

          10,000/- (ten thousand) each with two sureties of the like

          amount each to the satisfaction of learned J.M. 1st Class, Gaya in

          connection with Chandauti P.S. Case No. 561 of 2023, subject to
             Patna High Court CR. MISC. No.19634 of 2026(2) dt.07-04-2026
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                       condition as laid down under Section 482(2) of the B.N.S.S..



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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