Patna High Court
Sanjeev KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to the petitioners subject to conditions under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S.
Summary
The petitioners, Sanjeev Kumar and Rajeev Kumar, sought anticipatory bail fearing arrest in a case involving offences under Sections 126(2), 115(2), 109, 351(2), 352 and 3(5) of the B.N.S. They claimed they were falsely implicated by an informant with whom they have a property dispute, alleging that the alleged assault was minor and the FIR was vague. The State opposed the bail. The Court considered the petitioners' clean antecedent (except one prior case for Sanjeev), the nature of the alleged injury, and the possibility of false implication, and applied the provisions of Section 438(2) of the Criminal Procedure Code and Section 482(2) of the B.N.S.S. The Court ordered that, if arrested or surrendered within six weeks, the petitioners be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties each, subject to the usual conditions.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under Section 438 Cr.P.C. and Section 482(2) B.N.S.S. in view of the alleged offences and the claim of false implication.
Legislation cited
- B.N.S.S. — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Criminal Procedure Code
- B.N.S.S.
- false implication
- property dispute
- assault
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37908 of 2026
Arising Out of PS. Case No.-129 Year-2026 Thana- SABAUR District- Bhagalpur
======================================================
1. Sanjeev Kumar S/o Late Janardhan Mandal Resident of Bhitti, Thana-
Sabour, District- Bhagalpur
2. Rajeev Kumar S/o Late Janardhan Mandal Resident of Bhitti, Thana-
Sabour, District- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjan Kumar Jha, Advocate
For the Opposite Party/s : Mr. Anil Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 23-06-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 126(2),
115(2), 109, 351(2), 352 and 3(5) of the BNS.
3. Learned counsel for the petitioners submits that
petitioner no. 1 has antecedent of one case and petitioner no. 2 is
a person with clean antecedent and the informant alleges that his
land was measured by Amin, accordingly, the informant along
with his brother were cleaning their land when petitioners came
and assualted by gandasa causing injury on hand and Sanjeev is
an accused in a murder case.
4. Learned counsel for the petitioners submits that
petitioners have been falsely implicated in the instant case by
Patna High Court CR. MISC. No.37908 of 2026(2) dt.23-06-2026
2/2
the informant. It is further submitted that from perusal of the
allegation as alleged in the FIR, it would manifest that
allegation of assault is not specific and even presuming what has
been alleged is true without admitting then the injury has been
opined to be simple in nature and is on non-vital part of the
body. It is next submitted that petitioners and the informant are
agnates and are having dispute relating to property.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel appearing on behalf of the petitioners, let the
petitioners, above-named, in the event of their 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) each 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 Sabour
P.S. Case No. 129 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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