Patna High Court
Adarsh Kumar @ Adarsh ShrivastavaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The Court allowed the petitioners' anticipatory bail application subject to conditions under Section 482(2) of the B.N.S.S.
Summary
The petitioners, Adarsh Kumar and Aditya Kumar, sought anticipatory bail fearing arrest in PS case No.1258 of 2025, which alleged offences under Sections 126(2), 115(2), 109(1), 352, 351(2) and 3(5) of the B.N.S. The prosecution alleged that Sushil Kumar had inflicted multiple knife injuries on an informant. The petitioners contended they were falsely implicated, had no criminal antecedent, and pleaded innocence. The State opposed the bail, arguing the seriousness of the allegations. The Court, after considering the facts, granted anticipatory bail on the condition that the petitioners surrender within six weeks, furnish a bail bond of Rs.10,000 with two sureties, and comply with conditions under Section 482(2) of the B.N.S.S. The application was allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the B.N.S.S. despite the serious allegations.
- Whether the petitioners' claim of innocence and lack of antecedent justify the grant of bail.
Legislation cited
- B.N.S.S. — s. 109(1), 115(2), 126(2), 3(5), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- Section 482
- criminal procedure
- bail bond
- no criminal antecedent
- knife assault
- Motihari case
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27901 of 2026
Arising Out of PS. Case No.-1258 Year-2025 Thana- MOTIHARI TOWN District- East
Champaran
======================================================
1. Adarsh Kumar @ Adarsh Shrivastava S/o Prabhat kumar Resident of Village
- Mohalla near Sapahi Mandir Chandmari, PS. - Town(Motihari), Dist. - East
Champaran.
2. Aditya Kumar S/o Prabhat Kumar Resident of Village - Mohalla near Sapahi
Mandir Chandmari, PS. - Town(Motihari), Dist. - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar, Adv
For the Opposite Party/s : Mr.Ajit Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 29-04-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in a
case in connection with Motihari Town P.S. Case No. 1258 of
2025 registered for the offences punishable under Sections
126(2), 115(2), 109(1), 352, 351(2), 3(5) of the B.N.S.
3. As per the prosecution case, Sushil Kumar inflicted
a knife blow on the abdomen of the informant and when he tried
to save himself, he got injuries on the thigh also including an
injury on his left finger. Thereafter, there is an allegation
against Sushil Kumar that he inflicted a knife blow on the
shoulder of the informant.
Patna High Court CR. MISC. No.27901 of 2026(2) dt.29-04-2026
2/2
4. Learned counsel for the petitioners have submitted
that the petitioners are innocent and have falsely been
implicated in this case. There is general and omnibus allegation
against the petitioners. The petitioners have got no criminal
antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioners.
6. Considering the aforesaid facts and circumstances
of the case, let the above named petitioners, in the event of their
arrest/surrender within a period of six weeks from today, be
enlarged on anticipatory bail on furnishing bail-bond of Rs.
10,000/- (Rupees Ten thousand) each with two sureties of the
like amount each to the satisfaction of the learned court
concerned, learned Chief Judicial Magistrate, East Champaran,
Motihari in connection with in connection with Motihari Town
P.S. Case No. 1258 of 2025, subject to conditions as laid down
under section 482(2) of the B.N.S.S.
7. The application stands allowed.
(Praveen Kumar, J)
niku/-
U T
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