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Patna High Court

Adarsh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioner subject to the stipulated conditions.

Summary

The petitioner, Adarsh Kumar, sought anticipatory bail fearing arrest in a case (Jakkanpur P.S. Case No. 382 of 2024) alleging offences under the Bharatiya Nyaya Sanhita, 2023, including assault on an informant. The prosecution alleged that the petitioner and three others intercepted and assaulted the informant with a knife and a hammer. The petitioner contended that the case was false, motivated by a land dispute, that the injuries were minor, and that the informant had concealed familial ties, emphasizing his clean antecedent and his brother's recent bail. The State opposed the grant of anticipatory bail. The High Court, after considering the submissions, granted anticipatory bail under Section 438(2) of the Code of Criminal Procedure read with Section 482(2) of the Bharatiya Nyaya Sanhita, imposing specific conditions on the petitioner.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the provisions of the Bharatiya Nyaya Sanhita and the Code of Criminal Procedure.

Legislation cited

Subjects

  • anticipatory bail
  • false implication
  • assault
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • land dispute
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2229 of 2026
                      Arising Out of PS. Case No.-382 Year-2024 Thana- JAKKANPUR District- Patna
                 ======================================================
                 Adarsh Kumar S/O Late Bikram Prasad @ Bikram Sah @ Bikrama Prasad
                 Resident of Village- Parsa Garh Bazaar, P.S- Ekma, District- Saran At Chapra,
                 Bihar.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Avanish Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Syed Ehteshamuddin, 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. Petitioner apprehends his arrest in connection with

                   Jakkanpur P.S. Case No. 382 of 2024 registered for the offences

                   under Sections 126(2), 115(2), 1180(1), 109 and 3(5) of the

                   Bharatiya Nyaya Sanhita, 2023.

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

                   petitioner, along with three others, had intercepted the informant

                   and had assaulted him with a knife while one co-accused,

                   namely, Manmohan Kumar, had hit the informant’s head with a

                   hammer. It is further alleged that on the calling of the police, the

                   accused persons fled away.

                                4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.2229 of 2026(3) dt.24-02-2026
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          petitioner has falsely been implicated in this case out of grudge

          and for the same incident, one counter case was also lodged on

          behalf of the co-accused in the present case, namely, Manmohan

          Kumar. It has further been submitted that on account of some

          land dispute, the present false and concocted case has been

          lodged and from perusal of the injury report, which has also

          been brought on record, it would appear that the injuries

          sustained by the informant were found to be simple in nature. It

          has also been submitted that the informant has suppressed the

          fact that the petitioner and the named accused persons are his

          own nephews. It has also been submitted that the elder brother

          of the petitioner, namely, Niraj Kumar, has been granted bail by

          a Co-ordinate Bench of this Court and the order of the same has

          been brought on record by way of Annexure-P7. It has lastly

          been submitted that the petitioner carries clean antecedent.

                       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

          petitioner 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
Patna High Court CR. MISC. No.2229 of 2026(3) dt.24-02-2026
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          bonds of Rs.10,000/-(ten thousand) 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

          Jakkanpur P.S. Case No. 382 of 2024, 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 petitioner shall be his close
                          relative.
                          (ii) The petitioner 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
                          petitioner will be liable to be cancelled by the Court
                          concerned.
                          (iv) If the petitioner is found involved in similar nature
                          of offence in future, the prosecution shall be at liberty
                          to move for cancellation of his bail bond.
                          (v) The learned Court below shall verify the criminal
                          antecedent of the petitioner and in case at any stage it is
                          found that the petitioner has concealed his criminal
                          antecedent, the court below shall take step for
                          cancellation of bail bond of the petitioner. 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.
              Patna High Court CR. MISC. No.2229 of 2026(3) dt.24-02-2026
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                                     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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