Patna High Court
Brajesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The Court granted anticipatory bail to the petitioner under Section 482(2) of the BNSS.
Summary
Brajesh Kumar, a resident of Vaishali district, feared arrest in connection with PS case No. 661 of 2025, which alleged offences under sections 126(2), 115(2), 117(2), 303(2), 352, 351(2), 351(3) read with Section 3(5) of the Bihar Negotiable Security Act (BNSS). He contended that he was falsely implicated and that the case was a retaliatory filing following his own FIR (case No. 660 of 2025) accusing the informant of assault, extortion and loot. The petitioner, who has a single prior criminal antecedent and is currently on bail, sought anticipatory bail. The State opposed the relief. Considering the existence of a case‑and‑counter‑case scenario, the Court exercised its powers under Section 482(2) of the BNSS and granted anticipatory bail, subject to a bond of Rs. 20,000 and two sureties, if arrested or surrendered within six weeks.
Issues considered
- Whether anticipatory bail can be granted in a case involving multiple serious offences under the BNSS.
- Whether the existence of a case‑and‑counter‑case between the parties justifies the exercise of inherent powers under Section 482(2) of the BNSS.
Legislation cited
- Bihar Negotiable Security Act — s. 3(5), 482(2)
Subjects
- anticipatory bail
- Section 482
- case and counter case
- criminal procedure
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28773 of 2026
Arising Out of PS. Case No.-661 Year-2025 Thana- HAJIPUR SADAR District- Vaishali
======================================================
Brajesh Kumar Son of Amrit Sahni Resident of Village - Pahetiya, P.S.-
Kajipur, District - Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manish Chandra Gandhi
For the Opposite Party/s : Mr.Gulnar Begum
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 01-05-2026 Heard the parties.
2. The petitioner apprehends his arrest in connection
with Hajipur Sadar P.S. Case No. 661 of 2025 registered for the
offences punishable under sections 126(2), 115(2), 117(2),
303(2), 352, 351(2), 351(3) read with Section 3(5) of B.N.S.
3. Learned counsel for the petitioner submits that
the petitioner is innocent and has been falsely implicated. It is
further submitted that there is case and counter case between the
parties, the petitioner had earlier instituted Hajipur Sadar P.S.
Case No. 660 of 2025 alleging assault extortion and loot by the
informant and his associates. It is also submitted that the present
case has been lodged as a counter blast to the earlier FIR and the
petitioner has only one criminal antecedent in which he is on
bail.
Patna High Court CR. MISC. No.28773 of 2026(2) dt.01-05-2026
2/2
4. Learned APP for the State has opposed the prayer
of the petitioner.
5. In the facts and circumstances of this case,
considering the aforesaid submissions, coupled with the fact that
there is case and counter case in between the parties, this Court
is inclined to grant the relief of anticipatory bail to the petitioner.
Accordingly, let the petitioner named-above, in the event of his
arrest or surrender before the learned Court below within a
period of six weeks from today, be released on anticipatory bail
on furnishing bail bond of Rs. 20,000/- (Rupees Twenty
Thousand) with two sureties of the like amount each to the
satisfaction of the Court concerned in connection with Hajipur
Sadar P.S. Case No. 661 of 2025, subject to the conditions as laid
down under Section 482(2) of the BNSS.
(Shailendra Singh, J)
siddharthkr/-
U T
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