Patna High Court
Arvind KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court granted bail to the petitioner, subject to a bond and sureties, under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
Arvind Kumar was arrested in a case registered under multiple sections of the Bharatiya Nyaya Sanhita for allegedly assaulting an informant and his son with an iron rod and a stick during a land dispute. The petitioner claimed he was innocent, that the incident was a mutual fight arising from a property dispute, and that the injuries were minor and not corroborated by medical reports. He also highlighted his young age, clean criminal record, and willingness to cooperate with the investigation. The State opposed bail, but the High Court, after considering the nature of the injuries, the petitioner’s background, and the circumstances, ordered his release on bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The order was pronounced by Justice Sunil Dutta Mishra.
Issues considered
- What is the appropriateness of granting bail to the petitioner under the circumstances and the provisions of the Bharatiya Nyaya Sanhita and Bharatiya Nagarik Suraksha Sanhita?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 126(2), 303(2), 3(5), 351(1), 352, 76
Subjects
- bail
- criminal procedure
- assault
- land dispute
- anticipatory bail
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24570 of 2026
Arising Out of PS. Case No.-276 Year-2025 Thana- WARISNAGAR District- Samastipur
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Arvind Kumar Son of Gopal Ray Resident of Village- Babupur, Ward No. 11,
P.S.- Warisnagar, District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajeev Ranjan, Advocate
Mr. Sumit Kumar Srivastva, Advocate
For the Opposite Party/s : Mr. Md. Mushtaque Alam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 17-06-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered under Sections 126(2), 115(2), 109(1), 76, 303(2),
352, 351(1) and 3(5) of the Bharatiya Nyaya Sanhita.
3. As per the F.I.R., the accused persons including
the petitioner abused the informant and when informant
objected then this petitioner assaulted him with iron rod. When
the son of informant came to rescue, the petitioner assaulted him
with kudal. It is alleged that the accused persons assaulted the
family members of the informant.
4. Learned counsel appearing on behalf of the
petitioner submits that petitioner is innocent and has falsely
Patna High Court CR. MISC. No.24570 of 2026(3) dt.17-06-2026
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been implicated in the present case. Further submission is that
petitioner and informant are co-sharers and there is land dispute
between the parties due to which, a free fight took place in
which, both the parties got injured. There is case and counter
case between the parties. Co-accused persons, namely, Gopal
Ray and Tetri Devi have been enlarged on anticipatory bail by
the learned Trial Court. It is next submitted that the allegation
against the petitioner is not corroborated by the injury report.
No injury has been found on the head of the Anirudh Kumar and
the injuries found on body are simple in nature. Petitioner is a
young boy, aged about 23 years, having no criminal antecedent
and he undertakes to cooperate in the investigation and trial.
5. Learned A.P.P. for the State opposed the prayer for
bail.
6. Having considered the facts and circumstances of
the case, submissions of learned counsel for the parties, nature
of injury, young age of the petitioner and his clean antecedent,
let the above named petitioner be released on bail, in the event
of arrest or surrender before the learned court below within a
period of six weeks from today, on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned Judicial Magistrate-I,
Patna High Court CR. MISC. No.24570 of 2026(3) dt.17-06-2026
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Samastipur in connection with Warisnagar P.S. Case No. 276 of
2025, subject to the conditions as laid down under Section
482(2) of the Bharatiya Nagarik Suraksha Sanhita.
(Sunil Dutta Mishra, J)
utkarsh/-koustav
U T
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