Patna High Court
Raj GuptaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- Bihar Negotiable Sale and Transfer Act (B.N.S.S.) — s. 482(2)
- Criminal Procedure Code — s. 438(2)
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/-
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