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Patna High Court

Ankit RajversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioners subject to conditions under Section 482(2) of the Bharatiya Nyaya Sanhita.

Summary

The petitioners, Ankit Raj, Rakesh Kumar and Ranjeet Kashyap, sought bail in connection with a case (PS No.850 of 2025) alleging assault and attempted murder under several sections of the Bharatiya Nyaya Sanhita. The FIR alleged that they assaulted an informant and his brother over a dispute, causing simple injuries. The petitioners claimed they were falsely implicated, that the injuries were minor, and highlighted their own criminal antecedents while seeking bail. The State opposed the bail application. The court, noting the simplicity of the injuries and applying Section 482(2) of the BNSS, granted bail with a bond of Rs.10,000 and specific conditions regarding appearance, non‑tampering with witnesses, and refraining from further offences.

Issues considered

  • Whether bail should be granted to the accused despite charges under Sections 126(2), 115(2), 109, 303(2), 352, 351(2), 351(3) and 3(5) of the Bharatiya Nyaya Sanhita.
  • Whether the nature of the injuries (simple) justifies bail.
  • Whether the petitioners' prior criminal antecedents preclude bail.
  • Application of Section 482(2) of the BNSS in granting bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • Section 482
  • assault
  • false implication
  • injury severity

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3400 of 2026
                  Arising Out of PS. Case No.-850 Year-2025 Thana- MAKHDUMPUR District- Jehanabad
                 ======================================================
           1.     Ankit Raj S/o Rakesh Kumar @ Rakesh Sharma R/o - Ner, P.S -
                  Makhdumpur, District - Jehanabad
           2.    Rakesh Kumar @ Rakesh Sharma S/o Madan Mohan Sharma R/o - Ner, P.S
                 - Makhdumpur, District - Jehanabad
           3.     Ranjeet Kashyap @ Ranjeet Kumar S/o Shanu Sharma R/o - Ner, P.S -
                  Makhdumpur, District - Jehanabad
                                                                      ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ashok Kumar
                 For the Opposite Party/s :      Mr. Shantanu Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

3   20-02-2026                         Heard learned counsel for the petitioners and

                   learned APP for the State.

                                   2. The petitioners apprehends their arrest in

                   connection with Makhdumpur P.S. Case No.850 of 2025 dated

                   29.10.2025, registered for the offence punishable under Sections

                   126(2), 115(2), 109, 303(2), 352, 351(2), 351(3) and 3(5) of the

                   Bharatiya Nyaya Sanhita.

                                   3. As per the FIR, the petitioners, along with other

                   co-accused persons, abused the informant over a dispute relating

                   to a tower. Upon objection, petitioner no. 3 allegedly ordered

                   that the informant be killed, whereafter all the petitioners

                   assaulted the informant with a knife, causing injuries to him. On
Patna High Court CR. MISC. No.3400 of 2026(3) dt.20-02-2026
                                            2/3




          hearing the hue and cry, the informant’s brother came to his

          rescue, but he too was assaulted by the petitioners.

                          4. Learned counsel for the petitioners submits that

          the petitioners are innocent and have been falsely implicated in

          the present case. He further submits that there is a counter

          version of the entire incident and that the injuries sustained by

          the informant and his brother are stated to be simple in nature,

          with both sides having sustained injuries. He fairly submits that

          petitioner no. 1 has one criminal antecedent, in which he is on

          bail, and petitioner nos. 2 and 3 have two criminal antecedents

          each, and they are also on bail. Lastly, he submits that all these

          cases have been instituted at the instance of the informant’s side

          against the petitioners.

                          5. On the other hand, the learned APP for the State

          has opposed the prayer for bail of the petitioners.

                          6. Taking into account that the injuries sustained by

          the informant and his brother are simple in nature, let the above

          named petitioners, be released on bail, in the event of their

          arrest or surrender before the learned Court below within a

          period of six weeks from today, on furnishing bail bond of Rs.

          10,000/- (Rupees Ten Thousand) each with two sureties of the

          like amount each to the satisfaction of the learned A.C.J.M.-I,
               Patna High Court CR. MISC. No.3400 of 2026(3) dt.20-02-2026
                                                           3/3




                         Jehanabad/ Successor Court in connection with Makhdumpur

                         P.S. Case No.850 of 2025, subject to the conditions as laid down

                         under Section 482(2) of the BNSS as well as the 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,

                         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)
shikha/-

U          T


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