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Patna High Court

Badal KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, subject to a bail bond and sureties, under Section 482(2) of the Bharitya Nagrik Suraksha Sanhita.

Summary

Badal Kumar applied for anticipatory bail in a criminal case (Delha P.S. Case No. 295 of 2022) involving offences under Sections 341, 323, 326, 504, 379, 506 and 34 of the IPC. He claimed he was falsely implicated due to local politics and that the only allegation against him was the alleged taking of a gold chain and Rs.2,500 from the informant. The State opposed the bail, arguing the seriousness of the allegations. The Court examined the nature of the accusations and the possibility of arrest, and, invoking Section 482(2) of the Bharitya Nagrik Suraksha Sanhita, ordered that the petitioner be granted anticipatory bail if he surrenders within six weeks, subject to a bail bond of Rs.10,000 and two sureties. The application was allowed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances of the case
  • Whether the allegations against the petitioner justify arrest pending trial
  • Whether Section 482(2) of the Bharitya Nagrik Suraksha Sanhita is applicable to grant anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • Bharitya Nagrik Suraksha Sanhita
  • IPC offences
  • false implication
  • political victimisation
  • bail bond
  • sureties

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34373 of 2026
                         Arising Out of PS. Case No.-295 Year-2022 Thana- DELHA District- Gaya
                 ======================================================
                 Badal Kumar S/O Ram Pravesh Yadav @ Ram Pravesh Prasad Resident of
                 village - Kharkhura Tarwana, P.S- Delha, District - Gaya
                                                                               ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms.Rabia Gulnaz, Adv
                 For the Opposite Party/s :       Mr.Raj Ballabh Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   19-05-2026                     Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                               2. The Petitioner is apprehending his arrest in

                   connection with Delha P.S. Case No. 295 of 2022, registered for

                   the offences punishable under Sections 341, 323, 326, 504, 379,

                   506 and 34 of the IPC.

                                3. As per the prosecution case, the informant was

                   abused and assaulted by means of bricks, rod and belt with an

                   intention to kill. It is further alleged that co-accused Ranjan

                   Kumar assaulted the informant on the head with an iron rod,

                   causing bleeding injuries. It has also been alleged that one Sonu

                   Kumar sustained injuries on his left finger and other parts of his

                   body. Further, it has been alleged that the petitioner, along with

                   co-accused Natwar, snatched a gold chain and cash amounting

                   to Rs. 2,500/-.
Patna High Court CR. MISC. No.34373 of 2026(2) dt.19-05-2026
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                       4. Learned counsel for the petitioner has submitted

          that the petitioner is innocent and has been falsely implicated in

          this case on account of local politics. Learned counsel for the

          petitioner has further submitted that there is no allegation of

          causing assault against the petitioner, the only accusation

          against the petitioner is that he along with co-accused Badal

          Kumar, took out the gold chain from the neck of the informant

          and also took out Rs.2,500.00 from the pocket of the informant,

          which, on the face of it, appears to be concocted one and has

          been levelled with a view to implicate this petitioner in the

          present case. It has lastly been submitted that though the

          petitioner is also accused in one another case, but he is on bail in

          that case.

                       5. Learned A.P.P. for the State has vehemently

          opposed the prayer for anticipatory bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances

          of the case as well as the nature of allegation against the

          petitioner, let the above named petitioner, in the event of his

          arrest/surrender within a period of six weeks from today, be

          enlarged on anticipatory bail on furnishing bail-bond of Rs.

          10,000/- (Rupees ten thousand) with two sureties of the like

          amount each to the satisfaction of the learned court concerned,
              Patna High Court CR. MISC. No.34373 of 2026(2) dt.19-05-2026
                                                          3/3




                        in connection with Delha P.S. Case No. 295 of 2022, subject to

                        the conditions as laid down under Section 482(2) of the Bharitya

                        Nagrik Suraksha Sanhita (B.N.S.S.)

                                     7. This application stands allowed.



                                                   (Praveen Kumar, J)
niku/rupa/-

U       T


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