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Patna High Court

Anil Prasad @ Anil KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioner is entitled to anticipatory bail subject to a bond and conditions under Section 482(2) of the B.N.S.S., 2023.

Summary

The petitioner, Anil Prasad, sought anticipatory bail after an FIR (Pipra P.S. Case No. 487 of 2025) was lodged alleging his involvement in multiple offences under the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that nine accused, including the petitioner, assaulted the informant’s side causing injury. The petitioner argued he was innocent, citing a parallel case (Case No. 486 of 2025) and a pending title suit, and claimed a clean antecedent. The State opposed bail but acknowledged the existence of a case and counter‑case. The Court, considering the facts and the provisions of the B.N.S.S., granted anticipatory bail subject to a bond of Rs.30,000 and conditions under Section 482(2) of the B.N.S.S., to be executed before the Sub‑Divisional Judicial Magistrate.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under the Bharatiya Nyaya Sanhita, 2023 in view of the FIR and the existence of a counter‑case.

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • Section 482
  • Section 2(1)(d)
  • injury
  • counter case

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22655 of 2026
                     Arising Out of PS. Case No.-487 Year-2025 Thana- PIPRA District- East Champaran
                 ======================================================
                 Anil Prasad @ Anil Kumar S/O Banarsi Prasad R/O Village- Tikulia, P.S-
                 Pipra, Distt.- East Champaran.

                                                                                    ... ... Petitioner/s

                                                        Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Diwakar Prasad Singh, Advocate
                 For the Opposite Party/s :        Mr. Anant Kumar 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN

                                                   ORAL ORDER

2   16-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner is apprehending arrest in connection

                   with Pipra P.S. Case No. 487 of 2025 lodged on 05.11.2025, for

                   the offence punishable under Sections 126(2), 115(2), 118,

                   109(1), 303(2), 329(3), 352, 351(2) & 3(5) of the Bharatiya

                   Nyaya Sanhita, 2023.

                                3. As per the prosecution, FIR has been lodged against

                   nine named accused persons including the present petitioner

                   alleging that all the accused persons have assaulted the

                   informant’s side, due to which, injury has been caused.

                                4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.22655 of 2026(2) dt.16-04-2026
                                            2/3




          petitioner is innocent and has committed no offence. Counsel

          submits that for the same date and place of occurrence, there are

          case and counter case from both the sides i.e. one case has been

          lodged from the petitioner’s side bearing Pipra P.S. Case No.

          486 of 2025 and the present case has been lodged from the

          informant’s side bearing Pipra P.S. Case No. 487 of 2025.

          Counsel submits that both the sides have sustained injuries and

          there is also a title suit pending between the parties. He further

          submits that the petitioner has clean antecedent.

                       5. Learned APP for the State opposes the prayer for

          bail of the petitioner but fairly submits that for the same date

          and place of occurrence, there are case and counter case from

          both the sides and there is also a title suit pending between the

          parties.

                       6. As such, in the present facts and circumstances of

          this case, let the above named petitioner be released on

          anticipatory bail, in the event of arrest or surrender before the

          Trial Court within a period of 4 weeks from today, on furnishing

          bail bond of Rs.30,000/- (Rupees Thirty Thousand) as

          mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the

          satisfaction of Sub-Divisional Judicial Magistrate-1, East

          Champaran at Motihari, in connection with Pipra P.S. Case No.
             Patna High Court CR. MISC. No.22655 of 2026(2) dt.16-04-2026
                                                         3/3




                       487 of 2025, subject to the conditions as laid down U/s 482(2)

                       of the B.N.S.S., 2023.



                                                                       (Dr. Anshuman, J)
Divyansh/-

U      T


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