Patna High Court
Uday KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The Court allowed the petition for anticipatory bail, granting it subject to conditions under Section 438(2) CrPC read with Section 482(2) B.N.S.S.
Summary
Petitioners Uday Kumar and Mantu sought anticipatory bail fearing arrest in a case (Sohsarai PS No.336 of 2025) alleging assault on an informant under several sections of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the petitioners assaulted the informant who had objected to a blocked drainage, while the petitioners contended they were falsely implicated due to personal differences and that the injuries were minor. They also highlighted a clean criminal record and a counter‑case they had filed. The State opposed the bail. After considering the submissions, the Court granted anticipatory bail subject to conditions, invoking Section 438(2) of the Code of Criminal Procedure and Section 482(2) of the B.N.S.S., and ordered bail bonds with sureties and compliance requirements.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 CrPC in view of the allegations under the Bharatiya Nyaya Sanhita.
- Whether the petitioners' claim of false implication and clean antecedent justify the grant of bail.
- Whether the Court can impose conditions on the anticipatory bail as per Section 438(2) CrPC and Section 482(2) B.N.S.S.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 126(2), 303(2), 3(5), 351(3), 352, 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- false implication
- assault
- criminal procedure
- Bharatiya Nyaya Sanhita
- Section 438
- Section 482
- bail conditions
- personal differences
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2072 of 2026
Arising Out of PS. Case No.-336 Year-2025 Thana- SOHSARAI District- Nalanda
======================================================
1. Uday Kumar, Son of Late Ramchandra Yadav R/m - Singrahat, P.S. -
Sohsarai, Dist. - Nalanda.
2. Mantu @ Mantu Kumar @ Mintu Kumar, Son of Late Mahendra Ram R/m -
Brahmsthan Murarpur, P.S. - Laheri, Dist. - Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Satya Ranjan Sinha, Advocate
Ms. Seema Kumari, Advocate
Mr. Shananjay Kumar, Advocate
Ms. Sristhi Kumari, Advocate
For the Opposite Party/s : Mr. Brajendra Nath Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
3 24-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioners apprehend their arrest in connection
with Sohsarai P.S. Case No. 336 of 2025 registered for the
offences under Sections 115(2), 126(2), 109(1), 303(2), 352,
351(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the allegation against
the petitioners is that they had assaulted the informant when the
informant had objected to the blockage of drainage.
4. Learned counsel for the petitioners submits that the
petitioners have falsely been implicated in this case and in fact it
was the informant who was the aggressor and had been
Patna High Court CR. MISC. No.2072 of 2026(3) dt.24-02-2026
2/3
objecting to a free flow of the drainage. It has further been
submitted that it was on account of personal differences between
the parties that this false and concocted case has been lodged
and moreover, the allegations of brutal assault are also falsified
by the fact that the injuries sustained are simple in nature. It has
also been submitted that the petitioners had also filed a counter
case bearing Sohsarai P.S. Case No. 337 of 2025. It has lastly
been submitted that the petitioners carry clean antecedents.
5. Learned APP for the State has opposed the prayer
for anticipatory bail.
6. Considering the facts and circumstances of the case
and the submissions advanced on behalf of the parties, let the
petitioners above named be released on anticipatory bail, in the
event of arrest or surrender before the learned Court below
within a period of four weeks from today, on furnishing bail
bonds of Rs.10,000/-(ten thousand) each with two sureties of the
like amount each to the satisfaction of the learned Court below
where the case is pending/successor court in connection with
Sohsarai P.S. Case No. 336 of 2025, subject to the conditions as
laid down under Section 438(2) of the Code of Criminal
Procedure read with corresponding Section 482(2) of B.N.S.S.
as well as subject to the following conditions:-
(i) One of the bailors of the petitioners shall be their
Patna High Court CR. MISC. No.2072 of 2026(3) dt.24-02-2026
3/3
close relative.
(ii) The petitioners shall remain physically present in
Court on each date of the trial.
(iii) In case of absence on two consecutive dates, or in
violation of the terms of the bail, the bail bond of the
petitioners will be liable to be cancelled by the Court
concerned.
(iv) If the petitioners are found involved in similar
nature of offence in future, the prosecution shall be at
liberty to move for cancellation of their bail bond.
(v) The learned 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 antecedent, 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-
mentioned order shall not be delayed for purpose of or
in the name of verification.
7. Accordingly, the prayer for anticipatory bail is
allowed.
8. It is made clear that the observation, if any, made in
this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
manoj/-
U T
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