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Patna High Court

Raj GuptaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioner subject to the conditions prescribed under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S.

Summary

The petitioner, Raj Gupta, sought anticipatory bail after being implicated in a case alleging offences under Sections 115(2), 126(2), 118(1), 109(1), 352 and 3(5) of the B.N.S. The informant, a neighbour, claimed that Gupta and his wife verbally abused him on 15 January 2026 and that Gupta assaulted the informant, causing a head injury. The petitioner argued that he has a clean antecedent, the dispute stems from a property passage issue, and the alleged injury was simple and not part of a repeated assault. The State opposed the bail. The Court, considering the petitioner's clean record and the nature of the alleged injury, granted anticipatory bail subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S., requiring a bail bond and sureties.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the Cr.P.C. in view of the alleged offences.
  • Whether the nature of the alleged assault and the petitioner's antecedents justify the grant of bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 Cr.P.C.
  • Section 482 B.N.S.S.
  • assault
  • false implication
  • clean antecedent
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37567 of 2026
                 Arising Out of PS. Case No.-15 Year-2026 Thana- SAHEBPUR KAMAL District- Begusarai
                 ======================================================
                 Raj Gupta S/o Late Binay Sah Resident of Village - Pachveer, Ward No. -3,
                 P.S.-Sahebpur Kamal (S.Kamal), District - Begusarai
                                                                            ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sarvottam Kumar, Advocate
                 For the Opposite Party/s :      Mr. Sunil Kumar Pandey, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   22-06-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 115(2),

                   126(2), 118(1), 109(1), 352 and 3(5) of the BNS.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and the informant

                   alleges that petitioner along with his wife came on 15.01.2026 at

                   07:00 p.m. and started abusing the informant and on objection

                   petitioner assaulted by Kudal causing injury on his head.

                                4. Learned counsel for the petitioner submits that

                   petitioner has been falsely implicated in the instant case by the

                   informant. It is further submitted that petitioner and informant

                   are neighbours and are having dispute relating to passage on

                   account of which an altercation took place in which both sides
           Patna High Court CR. MISC. No.37567 of 2026(2) dt.22-06-2026
                                                       2/2




                     assaulted each other. It is next submitted that even presuming

                     what has been alleged is true without admitting then the assault

                     is not alleged to have been repeated and the injury suffered by

                     the informant has been opined to be simple in nautre as would

                     manifest from Annexure-2 to the anticipatory bail applicaiton

                     and petitioner is not a criminal.

                                  5. Learned A.P.P. for the State opposes the prayer for

                     anticipatory bail of the petitioner.

                                  6. Considering the submissions made by the learned

                     counsel appearing on behalf of the petitioner, let the petitioner,

                     above-named, in the event of his arrest or surrender within a

                     period of six weeks from today, be released on anticipatory bail

                     on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand)

                     with two sureties of the like amount each to the satisfaction of

                     the learned Trial Court where the case is pending/Successor

                     Court in connection with Sahebpur Kamal Thana (S. Kamal)

                     Case No. 15 of 2026, subject to the conditions as laid down

                     under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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