Patna High Court
Anil Prasad @ Anil KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
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
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 118, 126(2), 2(1)(d), 303(2), 329(3), 3(5), 351(2), 352, 482(2)
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
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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.
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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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