Patna High Court
Brajesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner subject to conditions.
Summary
Brajesh Kumar petitioned the Patna High Court for anticipatory bail after an FIR alleged that he assaulted the son of an informant with an iron rod, causing a simple injury. The charges were under Sections 329(2), 126(2), 115(2), 109, 352, 351 and 3(5) of the Bhartiya Nyaya Sanhita. The State opposed the bail, arguing the seriousness of the offences, while the petitioner highlighted his clean antecedent. The Court examined the nature of the injury, the petitioner’s prior record, and the statutory provisions governing anticipatory bail. Considering the minor injury and the petitioner’s clean background, the Court ordered anticipatory bail, subject to surrender within eight weeks, a bail bond of Rs.10,000 with two sureties, and compliance with Section 482 of the B.N.S.S., 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the multiple serious charges under the Bhartiya Nyaya Sanhita.
- Whether the petitioner’s clean antecedent and the minor nature of the injury justify the grant of bail under Section 482.
Legislation cited
- Bhartiya Nyaya Sanhita — s. 109, 115(2), 126(2), 329(2), 3(5), 351, 352, 482
Subjects
- anticipatory bail
- assault
- criminal procedure
- Section 482
- clean antecedent
- Bhartiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3256 of 2026
Arising Out of PS. Case No.-88 Year-2025 Thana- SIDHWALIYA District- Gopalganj
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Brajesh Kumar S/o- Gautam Yadav Resident of Village- Bucheya PS-
Sidhwalia District-Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anand Vardhan
For the Opposite Party/s : Mr.Vinod Shanker Modi
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 02-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence under Sections 329(2), 126(2), 115(2),
109, 352, 351 & 3(5) of the Bhartiya Nyaya Sanhita.
3. As per F.I.R., this petitioner assaulted on the head
of son of informant with iron rod. Doctor has found the injury
simple in nature. Case and counter case. Petitioner claims clean
antecedent.
4. Learned A.P.P. for the State has opposed the prayer
for anticipatory bail.
5. Considering the nature of injury and clean
antecedent, in the event of arrest/surrender within a period of
eight weeks from today, let the above named petitioner be
Patna High Court CR. MISC. No.3256 of 2026(2) dt.02-02-2026
2/2
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 A.C.J.M. - V, Gopalganj in connection
with Sidhwalia P.S. Case No. 88 of 2025, subject to condition as
laid down under Section 482 of the B.N.S.S., 2023.
(Prabhat Kumar Singh, J)
anay
U T
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