Patna High Court

Raj KumarversusThe State of Bihar

Decided: 6 May 2026
Disposal: ALLOWED
Bench: SUNIL DUTTA MISHRA

Holding

Anticipatory bail is granted to the petitioner subject to the conditions prescribed under Section 482(2) of the B.N.S., 2023.

Summary

The petitioner, Raj Kumar, an Assistant Sub-Inspector of traffic police, was implicated in a criminal case (PS Case No.186 of 2025) alleging assault and murder of an informant's son under several sections of the Bharatiya Nagarik Suraksha Sanhita, 2023. He claimed innocence, asserting that he was on official duty at the time of the incident and that the allegations were motivated by a long-standing land dispute. The petitioner has a clean antecedent and offered to cooperate with the investigation. The State opposed his request for anticipatory bail. Considering the nature of the allegations, the petitioner's clean record, and his willingness to surrender, the Court granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the B.N.S., 2023. The order directs that the petitioner be released on bail if arrested or surrenders within six weeks.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in view of the allegations and his clean antecedent.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 3(5), 351(3), 352, 482(2)

Subjects

anticipatory bail
false implication
land dispute
clean antecedent
police officer
criminal procedure
Section 482
Bharatiya Nagarik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27455 of 2026
                     Arising Out of PS. Case No.-186 Year-2025 Thana- DHARHARA District- Munger
                 ======================================================
                 Raj Kumar S/o Late Chhedi Paswan, Resident of Village- Baukhara, P.S.-
                 Dharhara, District- Munger at present posted as A.S.I. at traffic Police Patna
                                                                                 ... ... Petitioner/s
                                                    Versus
                 The State of Bihar.                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sandeep Kumar Mishra, Advocate.
                 For the Opposite Party/s :       Mr. Vinod Shanker Modi, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   06-05-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Dharhara P.S. Case No.186 of 2025 instituted under Sections

                   126(2), 115(2), 118(1), 109, 352, 351(3) & 3(5) of the B.N.S.,

                   2023.

                                3. As per the prosecution case, the accused persons

                   including the petitioner assaulted the son of informant. It is

                   alleged that on the order of co-accused Pinki Devi and Sonu

                   Kumar. Co-accused Vikas Paswan assaulted the son of informant

                   and cut his abdomen with sharp cutting weapon/knife.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has been falsely implicated in this case.

                   He further submits that the allegation against the petitioner is

                   general in nature and due to long standing land dispute with the

                   informant, he was implicated in this case. Learned counsel

                   submits that on the date of incident, petitioner was not present on
            Patna High Court CR. MISC. No.27455 of 2026(2) dt.06-05-2026
                                                        2/2




                      the spot as he was in his official duty at Peer Mohani Traffic post

                      being the ASI in Patna Police. He further submits that the co-

                      accused Vikas Kumar against whom, there is specific allegation of

                      assault by knife on the son of informant is already in custody.

                      Learned counsel submits that petitioner has got clean antecedent

                      and he undertakes to cooperate in the investigation and trial of the

                      case.

                                   5. Learned A.P.P. for the State opposes the prayer for

                      anticipatory bail.

                                   6. Considering the facts and circumstances of the case,

                      submissions of learned counsel for the parties and the nature of

                      allegation leveled against the petitioner as well as his clean

                      antecedent, in the event of arrest or surrender before the Court

                      below within six weeks from today, the petitioner be released on

                      bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten

                      Thousand) with two sureties of the like amount to each to the

                      satisfaction of the learned A.C.J.M.-III, Munger/ concerned Court

                      in connection with Dharhara P.S. Case No.186 of 2025, subject to

                      the conditions laid down in Section 482(2) of the Bharatiya

                      Nagarik Suraksha Sanhita, 2023.



                                              (Sunil Dutta Mishra, J)
Ritik/-
U       T

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