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Patna High Court

Brajesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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