Patna High Court
Ankit RajversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
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
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2), 351(3), 352, 482(2)
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
Checking your session…