Patna High Court
Baikunth Kumar @ Baikunth Kumar Sharma @ Vaikunth KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court granted anticipatory bail to the petitioner subject to a bond and conditions under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita.
Summary
The petitioner, Baikunth Kumar, applied for anticipatory bail in connection with a case alleging assault, robbery and other offences under the Bhartiya Nyaya Sanhita, 2023. The complainant, who is the informant's sister‑in‑law, alleged that the petitioner attempted to molest her, assaulted her, and stole gold earrings, also causing damage to household articles. The petitioner’s counsel argued that the FIR was lodged six days after the incident, that the case is false and stems from a property dispute, and that the ingredients of Section 74 (causing loss or damage) are not satisfied. The State opposed the bail, emphasizing the seriousness of the offences. After hearing both sides, the court ordered that the petitioner be released on anticipatory bail, subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted despite allegations of assault, robbery and other offences under the Bhartiya Nyaya Sanhita, 2023.
- Whether the ingredients of Section 74 of the Bhartiya Nyaya Sanhita, 2023 are made out.
- Whether the six‑day delay in lodging the FIR affects the grant of anticipatory bail.
- Whether the case is false and motivated by a property dispute, warranting bail.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyaya Sanhita, 2023 — s. 115(2), 126(2), 303(2), 324(2), 329(3), 351(2), 352, 74
Subjects
- anticipatory bail
- assault
- robbery
- property dispute
- delay in FIR
- Section 74
- Section 482
- Bhartiya Nyaya Sanhita
- Bhartiya Nagrik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23571 of 2026
Arising Out of PS. Case No.-124 Year-2025 Thana- Mau District- Gaya
======================================================
Baikunth Kumar @ Baikunth Kumar Sharma @ Vaikunth Kumar Son of Late
Ramrekha Singh Resident of Village- Mahimaur, P.S.- Mau, District- Gaya
... ... Petitioner
Versus
The State of Bihar
.. ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Aryan Singh
For the Opposite Party/s : Mr.Umesh Lal Verma
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 22-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. This application for anticipatory bail arises out
of Mau P.S. Case No. 124 of 2025 for the offence punishable
under Sections 115(2), 126(2), 303(2), 74, 324(2), 329(3), 352
and 351(2) of the Bhartiya Nyaya Sanhita, 2023.
3. As per allegation, the petitioner, who happens to
be the brother-in-law of the informant, is alleged to have tried to
molest her and, upon her resistance, the petitioner grabbed her
hand, thrashed her on ground, started beating her and also
snatched gold earrings. It is further alleged that she anyhow
managed to escape and ran to another house. The petitioner has
been further alleged to have thrown the household articles
including the grains.
4. Learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.23571 of 2026(2) dt.22-04-2026
2/2
that there is delay of six days in lodging the FIR and the present
false case has been lodged in the background of dispute between
the parties over property. The petitioner resides in the same
house. It is further submitted that no hue and cry was raised and
there is no allegation that any theft was committed, rather it has
been alleged that the petitioner ransacked the area where the
informant lived and there is no injury report of the informant
and the ingredients of Section 74 is not made out.
5. Learned counsel for the State opposed the prayer
of anticipatory bail of the petitioner.
6. Heard the parties and perused the record.
Considering the facts and circumstances, let the petitioner above
named, in the event of his arrest/surrender within six weeks
from today in the Court below, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Judicial
Magistrate First Class, Gaya, in connection with Mau P.S. Case
No. 124 of 2025, subject to the conditions as laid down under
Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita.
(Praveen Kumar, J)
Pawan/-
U T
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