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Patna High Court

Pintu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
Patna High Court CR. MISC. No.22782 of 2026(2) dt.16-04-2026
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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
            Patna High Court CR. MISC. No.22782 of 2026(2) dt.16-04-2026
                                                        3/3




                      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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