Patna High Court
Ajit GopversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The court held that bail should be granted subject to the conditions specified, as the injuries were not grievous and the petitioners have a fair antecedent.
Summary
The petitioners, Ajit Gop and Prashant Kumar, applied for bail fearing arrest in connection with PS‑Rahui Case No. 483 of 2025, which alleged offences under several sections of the Bharatiya Nyaya Sanhita, 2023. The FIR described that the petitioners, along with others, assaulted an informant in a garage, using a lathi and the butt of a pistol, and stole valuables. The petitioners argued that the injuries to the informant were simple, that only a minor injury to the hand was grievous and not attributable to them, and that they have a clean antecedent. The State contended that the petitioners actively participated in a brutal assault and therefore bail should be denied. After considering the injury report, the petitioners’ antecedent, and the provisions of Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, the court granted bail on condition of a Rs 10,000 bond with two sureties and a family‑member surety, to be surrendered within four weeks.
Issues considered
- Whether anticipatory/pre‑arrest bail should be granted to the petitioners under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 in view of the alleged offences and injuries.
- Whether the nature of the injuries and the petitioners' antecedent justify the grant of bail.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 117(2), 126(2), 190, 191(2), 303(2), 351(2), 352
Subjects
- anticipatory bail
- pre‑arrest bail
- assault
- grievous injury
- Bharatiya Nyaya Sanhita
- Bharatiya Nagrik Suraksha Sanhita
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2501 of 2026
Arising Out of PS. Case No.-483 Year-2025 Thana- RAHUI District- Nalanda
======================================================
1. Ajit Gop Son of Chhotu Gope @ Chhote Gop Resident of village - Babur
Banna, P.S.- Rahui (Bhagan Bigha), District - Nalanda.
2. Prashant Kumar Son of Ravindra Yadav Resident of village - Milkipar, P.S.-
Rahui, District - Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anil Kumar No. I, Adv.
For the Opposite Party/s : Mr. Navin Kumar Pandey, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 04-02-2026 Heard learned Advocate appearing on behalf of the
petitioners and the learned Additional Public Prosecutor for the
State.
2. The petitioners are apprehending their arrest in
connection with Rahui P.S. Case No. 483 of 2025, registered for
the offences punishable under Sections 190, 191(2), 126(2),
115(2), 117(2), 109(1), 303(2), 352, 351(2) of the Bharatiya
Nyaya Sanhita, 2023.
3. In the evening of the fateful day, while the
informant was sitting in his garage, in the meanwhile, the
petitioners alongwith other accused persons came there and
started abusing and assaulting. It is specifically alleged that
petitioner no 1 having lathi in his hand whereas petitioner no. 2
keeping pistol came there and both of them assaulted by means
Patna High Court CR. MISC. No.2501 of 2026(2) dt.04-02-2026
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of butt of pistol over the head of the informant and subsequently
also snatched the valuables and the cash which were kept in the
garage.
4. Learned Advocate appearing on behalf of the
petitioners referring to the FIR contended that at the one hand
the informant has alleged that the petitioner no. 1 was carrying
lathi in his hand and on the other hand it is alleged that both the
petitioners have assaulted the informant by means of butt of the
pistol. The reason behind the said occurrence is nothing but a
previous animosity as is also evident from the FIR. Moreover,
the injuries which are allegedly sustained over the head of the
informant and attributed to the petitioners have been found to be
simple in nature. The injury which is allegedly found over the
hand of the informant is said to be grievous in nature, however
the same is not attributed against the petitioner. The other co-
accused persons who have also participated in the crime
including the co-accused Ujjwal Kumar, Nikki Kumar and
Milan Kumar have been granted anticipatory bail by the Court
below itself. The petitioner bears fair antecedent.
5. On the other hand, learned Advocate for the State
vehemently opposed the pre-arrest bail application and submits
that the petitioners have actively participated in the crime and
Patna High Court CR. MISC. No.2501 of 2026(2) dt.04-02-2026
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have brutally assaulted the informant over his vital part,
however he was fortunate enough that he did not sustain some
serious injuries over the vital part.
6. Having considered the submissions advanced by
learned Advocate for the respective parties and taking note of
the injury report, which suggest any grievous injury has been
found over the head of the informant, besides the fair antecedent
of the petitioners, let the petitioners above named be released on
bail, in the event of their arrest or surrender before the court
below within a period of four weeks from the date of
receipt/production of a copy of this order, 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, Nalanda at Bihar Sharif in connection with Rahui
P.S. Case No. 483 of 2025, subject to the conditions laid down
in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita,
2023 with the further condition that one of the bailors shall be
the own/close family members of the petitioners.
(Harish Kumar, J)
supratim/-
U T
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