Patna High Court
Pintu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The court granted anticipatory bail to the petitioner.
Summary
Pintu Kumar was arrested in connection with Bathnaha P.S. Case No. 456 of 2025 for alleged assault with the back portion of a spade, causing injuries to the informant. The petitioner claimed innocence, alleging the case stemmed from a property dispute and that the FIR was lodged after an unreasonable delay. He also highlighted his clean antecedent. The State opposed his anticipatory bail application. The court examined the FIR, the injury report, and the nature of the weapon, and found the allegations insufficient to deny bail. Consequently, the court granted anticipatory bail subject to conditions under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in light of the alleged assault and the nature of injuries
- Whether the delay in filing the FIR and the claim of a property dispute affect the bail decision
Subjects
- anticipatory bail
- assault
- property dispute
- delay in FIR
- clean antecedent
- Bihar Criminal Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22782 of 2026
Arising Out of PS. Case No.-456 Year-2025 Thana- BATHNAHA District- Sitamarhi
======================================================
Pintu Kumar, Male, aged about 28 years, Son of Late Kapil Rai @ Kapaldev
Ray, Resident of Village - Pandaul, P.S. - Bathnaha, District - Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ritesh Kumar Narain Singh, Advocate
For the Opposite Party/s : Mr. Ramchandra Sahni, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
ORAL ORDER
2 16-04-2026 Heard learned counsel for the petitioner, learned APP
for the State and learned counsel for the informant.
2. The petitioner apprehends his arrest in connection
with Bathnaha P.S. Case No. 456 of 2025 instituted for the
offences punishable under Sections 126(2), 127(2), 115(2),
109(1), 352 and 3(5) of the BNS.
3. Allegation against the petitioner is to have assaulted
by means of back portion of the spade upon the head of the
informant due to which he sustained injuries.
4. Learned counsel for the petitioner submits that
petitioner is innocent has committed no offence and has falsely
been implicated in this case due to property dispute. He submits
that the petitioner and informant are pattidars and there is case
and counter case attributed between the parties. He further
submits that the informant had taken electric connection from
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the electric pole of the the petitioner for irrigation purpose due
to which the petitioner objected and the informant become
aggressive and altercation took place. He next submits that the
occurrence took place on 02.09.2025 but the present FIR has
been lodged on 20.09.2025 after a long delay and there is no any
plausible explanation in this regard. He lastly submits that
petitioner has got clean antecedent as stated in para 3 of the bail
petition.
5. Learned APP for the State as well as learned
counsel for the informant opposes the prayer for anticipatory
bail of the petitioner.
6. From perusal of the FIR and the impugned order of
the learned Additional Sessions Judge-XV, Sitamarhi dated
18.02.2026, it appears that only on the basis of written report of
the informant, FIR has been registered under Sections 126(2),
127(2), 115(2), 109(1), 352 and 3(5) of the BNS and the
allegation against the petitioner is that he assaulted by means of
back portion of the spade upon the head of the informant due to
which he sustained injuries. On perusal of the injury report as
produced on behalf of the petitioner, it also appears that there
are insized wound on (L) parietal occipital region size 3”x1/2”
and 2”x1/2” sealp deep, cause of injury is sharp object and
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nature is simple, so considering all these aspects of the case
specifically nature of injuries and nature of weapon used in the
occurrence and submission of learned counsel for the petitioner,
I am inclined to grant anticipatory bail to the petitioner.
7. Accordingly, let the petitioner above named in the
event of his arrest or surrender before the trial Court within six
weeks from today, be released on anticipatory bail upon
furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Chief Judicial Magistrate, Sitamarhi in connection with
Bathnaha P.S. Case No. 456 of 2025, subject to the conditions
laid down in Section 482(2) of the BNSS.
(Ramesh Chand Malviya, J)
Anand Kr.
U T
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