Patna High Court
Subhash Kumar PalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court granted anticipatory bail to the petitioner, subject to conditions prescribed under Section 438(2) of the Cr.P.C.
Summary
The petitioner, Subhash Kumar Pal, sought anticipatory bail fearing arrest in a case (Babubarhi P.S. Case No. 298 of 2025) filed under multiple sections of the Bihar Penal Code for alleged assault, outrage of modesty, and theft. The informant, Nitu Kumari, claimed that the accused entered her house, assaulted her father‑in‑law, injured his head, violated her modesty and stole cash and gold ornaments. The petitioner argued that there exists a counter‑case, that his alleged injury is simple, and that he has no prior criminal record, making him eligible for bail. The State opposed, contending that the assault allegation is against the petitioner. Considering the lack of antecedents, the existence of a counter‑case, and the simple nature of the injury, the Court exercised its power under Section 438(2) of the Cr.P.C. to grant anticipatory bail with stringent conditions, including sureties, regular appearances before police and court, and non‑interference with witnesses. The order directs the petitioner to surrender within four weeks and comply with the stipulated bail conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438(2) of the Criminal Procedure Code in view of the allegations made in the FIR.
- Whether the petitioner’s lack of prior criminal antecedents and the existence of a counter‑case justify the grant of bail.
- Whether the nature of the alleged injury (simple) influences the decision to grant anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Bihar Penal Code
- assault
- outrage of modesty
- theft
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25510 of 2026
Arising Out of PS. Case No.-298 Year-2025 Thana- BABUBARHI District- Madhubani
======================================================
Subhash Kumar Pal Son of Vanshlal Pal Resident of Village- Surha, P.S.-
Babubarhi, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar Jha, Advocate
For the Opposite Party/s : Mr.Sanjay Kumar Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 22-04-2026 Heard the parties.
2. The petitioner is apprehending arrest in connection
with Babubarhi P.S. Case No. 298 of 2025 instituted under
Sections 329(4), 324(4), 126(2), 115(2), 109, 351(2), 76, 303(2),
3(5) of the BNS lodged on 10.07.2025 by the informant, Nitu
Kumari.
3. As per the prosecution story, the informant alleged
that while she was sleeping, the accused persons entered and
assaulted the father-in-law who received the head injury. As she
came out,her modesty was outraged and there is also taking
away of cash/gold ornaments. This led to the FIR.
4. Learned counsel for the petitioner submits that
there is case and counter case, the case of the petitioner being
earlier one, though allegation of assault is there, injury has been
Patna High Court CR. MISC. No.25510 of 2026(2) dt.22-04-2026
2/3
found to be simple in nature.
5. Learned APP opposes the prayer submitting that the
allegation of assault on head is on this petitioner.
6. Considering the submissions of the parties as also
that there is dispute, the petitioner do not have criminal
antecedent, there is admitted case and counter has been lodged,
the case of the petitioner being earlier one, the injury has been
found to be simple in nature, in that background, this Court is
inclined to extend him the privilege of anticipatory bail.
8. Let the petitioner be released on bail, in the event
of his arrest or surrender before the concerned court within a
period of four weeks from the receipt of this order, on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each in connection with Babubarhi P.S. Case
No. 298 of 2025 to the satisfaction of learned Chief Judicial
Magistrate, Madhubani subject to the conditions as laid down
under Section 438(2) of the Cr.P.C. as also the other conditions.
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document (Aadhar Card/Driving License/Voter ID/Pan Card
etc.) to show his/her bona fide;
(ii) the petitioner shall be appearing before the police
Patna High Court CR. MISC. No.25510 of 2026(2) dt.22-04-2026
3/3
station as and when required for cooperating in the
investigation;
(iii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his
bail bond by the Trial Court itself;
(iv) the petitioner shall appear before the concerned
police station every fortnight for next six months to mark his
attendance and at the end of the period a certificate be submitted
before the Trial Court failing which the State shall be at liberty
to take steps for cancellation of bail bonds;
(v) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(vi) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
Ravi/-
U T
Checking your session…