Patna High Court
Karun RishiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted anticipatory bail to the petitioner, subject to a bail bond and surety conditions.
Summary
The petitioner, Karun Rishi, applied for anticipatory bail fearing arrest in a case registered under multiple offences of the Bharatiya Nyaya Sanhita, including assault and related provisions. The FIR alleged that he assaulted an informant with a danda, causing a simple injury. The petitioner’s counsel argued his innocence and that the injury was minor, while the State’s A.P.P. opposed bail. The court examined the nature of the allegations, the seriousness of the injury, and the statutory power under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 to grant anticipatory bail. Finding no compelling reason to deny bail, the court allowed anticipatory bail, directing that if arrested within eight weeks the petitioner be released on a bail bond of Rs.10,000 with two sureties of the same amount, subject to the conditions prescribed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the alleged assault.
- Whether the nature and severity of the alleged injury justify denial of bail.
- Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 empowers the court to grant anticipatory bail in this case.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 117(2), 118(1), 190, 191(2), 191(3), 351(2)
Subjects
- anticipatory bail
- criminal procedure
- assault
- bail bond
- surety
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28650 of 2026
Arising Out of PS. Case No.-191 Year-2025 Thana- KRITYANAND NAGAR District-
Purnia
======================================================
Karun Rishi S/o Late Ramrup Rishi Resident of Banbhag, P.S.- K. Nagar,
District Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Md Fazle Karim, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 30-04-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 191(2), 191(3), 190,
115(2), 118(1), 117(2), 109, 351(2) of the Bharatiya Nyaya
Sanhita.
3. As per F.I.R., this petitioner assaulted informant
with dabiya as a result of which he sustained injury.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Doctor has
found the injury to be simple in nature.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering nature of accusation and injury, this
Patna High Court CR. MISC. No.28650 of 2026(2) dt.30-04-2026
2/2
anticipatory bail is allowed and it is ordered that let the above
named petitioner in the event of his arrest/surrender before the
court below within a period of eight weeks from today, be
enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of learned Sub-Divisional Judicial Magistrate,
Purnea in connection with K. Nagar P. S. Case No. 191 of 2025,
subject to condition as laid down under Section 482(2) of the
Bharatiya Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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