Patna High Court
Abhishek Kumar @ Guddu @ Guddu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioners subject to the stipulated conditions.
Summary
The petitioners, Abhishek Kumar, Chandan Kumar and Siddhehwar Prasad, were arrested on 5 January 2026 in connection with FIR No. 293/2025 alleging assault with iron sabal, khanti, chappar and sticks, punishable under Sections 126(2), 118(1), 117(2), 109, 74 read with 395 and later Section 103 of the Bharatiya Nyay Sanhita, 2023. They contended that they have a clean antecedent, were falsely implicated due to a land dispute, and that the FIR contains only a vague, omnibus allegation against them without any specific overt act. The prosecution opposed bail. The court, after considering the lack of specific allegations, the clean antecedent and the existence of a case‑countercase, ordered that bail be granted on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation with the trial, presence in court, non‑tampering with evidence, and verification of criminal antecedent. The bail order was pronounced by Justice Rajesh Kumar Verma.
Issues considered
- Whether bail should be granted to the accused despite the seriousness of the offences under the Bharatiya Nyay Sanhita, 2023.
- Whether the FIR contains specific allegations of assault against the petitioners sufficient to deny bail.
- Whether the petitioners' clean antecedent and the existence of a land‑dispute‑related case‑countercase justify the grant of bail.
- Whether the conditions imposed by the court are appropriate for the grant of bail.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 103, 109, 117(2), 118(1), 126(2), 395, 74
Subjects
- bail
- criminal procedure
- assault
- land dispute
- false implication
- clean antecedent
- Bharatiya Nyay Sanhita
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26380 of 2026
Arising Out of PS. Case No.-293 Year-2025 Thana- PARANDABAR District- Nawada
======================================================
1. Abhishek Kumar @ Guddu @ Guddu Kumar S/o Sidheshwar Prasad
Resident of village- Baluatari, P.S.- Parnadabar, District- Nawada
2. Chandan Kumar S/O Birendra Kumar Resident of village- Baluatari, P.S.-
Parnadabar, District- Nawada
3. Siddhehwar Prasad @ Sidheshwar Prasad son of Late Govind Prasad.
Resident of village- Baluatari, P.S.- Parnadabar, District- Nawada
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Prawesh Kumar, Advocate
For the Opposite Party/s : Mr. Md. Matloob Rab, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 20-04-2026 Heard Mr. Ram Prawesh Kumar, learned counsel
for the petitioners as well as Mr. Md. Matloob Rab, learned
Additional Public Prosecutor for the State.
2. Petitioners seek bail who are in custody since
05.01.2026 in connection with Parnadabar P.S. Case No.
293/2025 F.I.R. dated 26.12.2025 for the offences punishable
under Sections 126(2), 118(1), 117(2), 109, 74 read with Section
395) of the Bharatiya Nyay Sanhita, 2023. Later on Section 103
of the B.N.S. was added
3. According to prosecution case, the petitioners along
with the other co-accused persons are alleged to have assaulted
Patna High Court CR. MISC. No.26380 of 2026(2) dt.20-04-2026
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the informant’s family members with iron sabal, khanti,
chappar and sticks, causing multiple injuries.
4. Learned counsel for the petitioners submits that
petitioners have clean antecedent and they have falsely been
implicated in the present case. The allegation as alleged in the
FIR is false and fabricated. From bare perusal of the FIR it
appears that due to land dispute the present occurrence took
place. There is case and counter case between the parties.
Although, the petitioners are named in the FIR but from perusal
of the FIR, it appears that there is no specific allegation of any
assault or overt act attributed against the petitioners rather there
is general and omnibus allegation against the petitioners. He
further submits that the police after investigation submitted the
charge sheet against the petitioners and the petitioners are in
custody since 05.01.2026.
5. The learned Additional Public Prosecutor have
vehemently opposed the prayer for bail of the petitioners.
6. Considering the aforesaid facts and circumstances,
petitioners have clean antecedent, there is case and counter case
and there is no specific allegation of any assault or overt act
attributed against the petitioners, let the petitioners, above
named, be released on bail on furnishing bail bond of Rs.
10,000/- (Ten Thousand) each with two sureties of the like
amount each to the satisfaction of the learned Judicial
Patna High Court CR. MISC. No.26380 of 2026(2) dt.20-04-2026
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Magistrate-1st Class, Nawada in connection with Parnadabar
P.S. Case No. 293/2025, subject to the following conditions:-
i. Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, their bail bonds shall be cancelled by the Court below.
ii. If the petitioners tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bonds of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
atul/-
U T
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