Patna High Court
Adarsh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
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
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 1180(1), 126(2), 3(5), 482(2)
- Code of Criminal Procedure — s. 438(2)
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
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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
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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.
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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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