Patna High Court
Gollu Kumar @ Ankit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted anticipatory bail to the petitioners subject to prescribed conditions.
Summary
The petitioners, Gollu Kumar and Prince Kumar, were implicated in a FIR (Atri PS Case No. 413 of 2024) alleging assault and other offences arising from a land dispute, with the prosecution alleging severe attacks on the informant and his family. The petitioners contended that they were falsely implicated, that they are agnates of the informant, that the injuries were simple, and that they have a clean antecedent. The State opposed the anticipatory bail application, citing the seriousness of the offences under the Bharatiya Nyaya Sanhita, 2023. Considering the relationship between the parties, the nature of the injuries, and the petitioners' clean record, the Court inclined to grant anticipatory bail. The order directed the petitioners to furnish a bail bond of Rs.10,000 with two sureties and imposed conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the seriousness of the offences alleged under the Bharatiya Nyaya Sanhita, 2023
- Whether the relationship between the petitioners and the informant (agnates) and the claim of simple injuries justify anticipatory bail
- Whether the petitioners' clean antecedent warrants the grant of anticipatory bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 110, 115(2), 126(2), 190, 191(2), 303(2)
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- assault
- land dispute
- Bharatiya Nyaya Sanhita
- Section 438
- Section 482
- criminal procedure
- clean antecedent
- agnates
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3379 of 2026
Arising Out of PS. Case No.-413 Year-2024 Thana- ATRI District- Gaya
======================================================
1. Gollu Kumar @ Ankit Kumar Son of Manoj Prasad Gupta @ Manoj Kumar
Gupta R/o Villlage - Tetua, P.S. - Atri, Dist. - Gaya.
2. Prince Kumar @ Prince Raj Son of Pramod Prasad Gupta @ Pramod Kumar
Gupta @ Sadhu Gupta R/o Villlage - Tetua, P.S. - Atri, Dist. - Gaya.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dhananjay Kumar Gupta
For the Opposite Party/s : Mr.Pradeep Narain Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 20-02-2026 Heard the learned counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in
connection with Atri P.S. Case No.413 of 2024, F.I.R dated
04.11.2026 registered for the offences punishable under
Sections 191(2), 190, 126(2), 115(2), 303(2) and 110 of the
Bharatiya Nyaya Sanhita, 2023.
3. According to prosecution case, On 12/09/2024 at
about 2:38 PM, the named accused persons allegedly assaulted
the informant and his family members due to a land dispute. It is
alleged that Prince Kumar attacked the informant with an iron
rod, iron tin, and table fan, causing head and chest injuries.
Patna High Court CR. MISC. No.3379 of 2026(3) dt.20-02-2026
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When Resham Devi intervened, Gollu Kumar allegedly
assaulted her with a brick and physically attacked her, causing
injuries to her face and back. Kajal Kumari, the informant’s
daughter, was also allegedly injured with a brick near her eye.
During the incident, Prince Kumar allegedly snatched a 10-gram
gold chain from the informant’s wife. The other accused persons
are said to have joined in assaulting the victims with punches,
slaps, and kicks and allegedly attempted to kill them. The
injured persons were treated at Magadh Medical Hospital, after
which the FIR was lodged.
4. Learned counsel for the petitioners submits that the
petitioners have falsely been implicated in the present case and
the petitioners and informant are agnates and the injuries
sustained by the informant, due to altercation, is simple in
nature and there is counter version to the entire incident. The
petitioners have clean antecedent.
5. Learned APP for the State opposes the prayer for
anticipatory bail application.
6. Considering the aforesaid facts and circumstances
that the petitioners and informant are agnates and the injuries
sustained by the informant, due to altercation, is simple in
nature and there is counter version to the entire incident and t he
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petitioners have clean antecedent. Accordingly, this Court is
inclined to grant the privilege of anticipatory bail to the
petitioners.
7. Let the petitioners, above named, in the event of
their arrest or surrender before the Court below within a period
of thirty days from the date of receipt of the order, be released
on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned A.C.J.M. IV, Gaya, in connection with Atri P.S. Case
No.413 of 2024, subject to the conditions as laid down under
Section 438(2) of the Code of Criminal Procedure / Section
482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other
following conditions:-
(i) one of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
official document/personal affidavit to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of his/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
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failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
sharun/-
U T
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