Patna High Court
Badal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
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
- Bharitya Nagrik Suraksha Sanhita — s. 482(2)
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
2/3
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.