Patna High Court
Harendra Kumar @ Halendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court held that anticipatory bail is warranted and granted it subject to the stipulated conditions.
Summary
Harendra Kumar applied for anticipatory bail after learning that he may be arrested in connection with Hilsa Police Station Case No. 45 of 2026, which alleges his participation in an assault and charges under Sections 126(2), 115(2), 109(1), 303(2), 352 and 3(5) of the B.N.S. The petitioner asserted his innocence, claimed a clean antecedent, and sought protection from arrest. The State opposed the bail, arguing the seriousness of the offences. The Court examined the submissions, noted that the injury to the victim was simple and that the petitioner had no prior record. Relying on Section 438(2) of the Code of Criminal Procedure, 1973 and Section 482 of the B.N.S., the Court granted anticipatory bail with a bond of Rs.10,000 and two sureties, subject to conditions. The order directed the petitioner to surrender within four weeks if arrested, and the bail was to be released by the Additional Chief Judicial Magistrate‑I, Hilsa.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC in view of the alleged offences and the nature of the injury.
Legislation cited
- B.N.S. — s. 109(1), 115(2), 126(2), 303(2), 3(5), 352, 482
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 B.N.S.
- assault
- bail conditions
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38234 of 2026
Arising Out of PS. Case No.-45 Year-2026 Thana- HILSA District- Nalanda
======================================================
Harendra Kumar @ Halendra Kumar Son of Sakaldeep Paswan Resident of
village - Brahmsthan, Police Station - Hilsa, District - Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Mukherjee, Advocate
For the Opposite Party/s : Mr.Dr.Mrityunjaya Kr.Gautam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 16-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Hilsa P.S. Case No. 45 of 2026 registered for
the offence under Sections 126(2), 115(2), 109(1), 303(2), 352
and 3(5) of the B.N.S.
3. As per the prosecution case, petitioner and
others are said to have assaulted the victim.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
been implicated in this case. Petitioner has clean antecedent.
5. Learned A.P.P. for the State opposes the prayer
for anticipatory bail of the petitioner.
6. Considering the submissions advanced on behalf
Patna High Court CR. MISC. No.38234 of 2026(2) dt.16-06-2026
2/2
of the parties and also the fact that the injury sustained by the
victim is simple in nature, this application is allowed.
7. Let the petitioner, above named, in the event of
his arrest or surrender before the concerned Court below within
four weeks from today, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned Additional
Chief Judicial Magistrate-I, Hilsa (Nalanda)/ concerned Court
below in connection with Hilsa P.S. Case No. 45 of 2026,
subject to the conditions laid down in Section 438(2) of the
Code of Criminal Procedure, 1973 / Section 482 of the BNSS.
(Sandeep Kumar, J)
tusharika/-
U T
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