Patna High Court

Aniket KumarversusThe State of Bihar

Decided: 4 February 2026
Disposal: ALLOWED
Bench: HARISH KUMAR

Holding

Bail was granted to the petitioner subject to a cash bond, two sureties and the condition that one bailor be a close family member, under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

Summary

Aniket Kumar applied for bail in connection with PS Bettiah Town Case No. 497 of 2025, which alleged he inflicted repeated knife blows causing serious injury, charged under several sections of the Bharatiya Nagrik Suraksha Sanhita, 2023. The petitioner argued that the injury was simple, caused by a blunt object, and that the implication was false due to prior animosity, offering full cooperation. The State opposed bail, highlighting a disclosed prior criminal antecedent. The court, after considering the injury report and the nature of the wound, found the injury simple and granted bail with a bond of Rs.10,000, two sureties, and the condition that one bailor be a close family member, under Section 482(2) of the BNS. The order directed surrender within four weeks and compliance with the stipulated conditions.

Issues considered

Whether bail should be granted despite the alleged serious assault and the nature of the injury.
Whether the petitioner’s prior criminal antecedent warrants denial of bail.

Legislation cited

Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)

Subjects

bail
criminal procedure
assault
knife injury
prior criminal antecedent
Section 482
Bharatiya Nagrik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2795 of 2026

                     Arising Out of PS. Case No.-497 Year-2025 Thana- BETTIAH CITY District- West
                                                       Champaran
                 ======================================================
                 Aniket Kumar son of Anil Ram Resident of Village -Harijan basti
                 BanuChhapar Police station -Bettiah Muffasil (Banuchhapar) District -West
                 Champaran


                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Brij Kishor Mishra
                 For the Opposite Party/s :       Mr.Narendra Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

2   04-02-2026                  Herd the parties.

                                2. The petitioner apprehends his arrest in connection

                   with Bettiah Town P.S. Case No. 497 of 2025, registered for the

                   offences punishable under Sections                126(2), 115(2), 118(1),

                   109(1), 3(5) of the BNS.

                                3. The allegation against the petitioner is of causing

                   repeated knife blows over the head of the informant’s brother

                   due to which he sustained serious injury, besides there is further

                   allegation against other accused persons of causing assault.

                                4. Learned Advocate for the petitioner referring to the

                   FIR contended that the entire prosecution case falls to the
Patna High Court CR. MISC. No.2795 of 2026(2) dt.04-02-2026
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          ground for the simple reason that only one lacerated wound has

          been found over the frontal and temporal region; moreover that

          too has been found to be simple in nature, caused by hard and

          blunt object. The reason behind false implication is said to be a

          previous animosity. Moreover, the petitioner undertakes that he

          will fully cooperate in the proceeding of the court.

                       5. On the other hand, learned Advocate for the State

          vehemently opposed the bail application and submitted that the

          petitioner bears one criminal antecedent has has been disclosed

          in para-3 of the application.

                       6. Having considered the submissions advanced by

          the learned Advocates for the respective parties and taking note

          of the substance of allegation qua the injury report, besides the

          fact the nature of injury is said to be simple, let the petitioner

          abovenamed be released on bail, in the event of his 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, Bettiah, West Champaran              in

          connection with Bettiah Town P.S. Case No. 497 of 2025,

          subject to the conditions laid down in Section 482(2) of the
           Patna High Court CR. MISC. No.2795 of 2026(2) dt.04-02-2026
                                                       3/3




                     Bharatiya Nagrik Suraksha Sanhita, 2023, with the further

                     condition that one of the bailors shall be the own/close family

                     members of the petitioner.



                                                 (Harish Kumar, J)
Anjani/-

U      T

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