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Patna High Court

Deepak KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court allowed the petitioners' application for anticipatory bail, subject to conditions, under Section 482(2) of the B.N.S.S. 2023.

Summary

The petitioners sought anticipatory bail in a case where an FIR (Supaul PS Case No. 409 of 2025) alleged that they, along with others, assaulted the informant's husband with an iron rod and used lathis against family members. The informant, Rina Kumari, claimed the assault occurred at their veranda, invoking sections 126(2), 115(2), 109 and 3(5) of the B.N.S. The petitioners contended they were falsely implicated due to an old enmity, highlighted a case‑and‑counter‑case filed by one of them (Suraj Kumar) against the informant’s husband, and pointed to their clean antecedents and lack of corroborative injury evidence. The State opposed the bail but acknowledged the agnate relationship and the counter‑case. Considering the weak injury evidence, the existence of a counter‑case, and the petitioners’ clean record, the Court exercised its power under Section 482(2) of the B.N.S.S. 2023 and granted anticipatory bail with specific conditions. The bail order required a bond of Rs.10,000 with two sureties, appearance before the trial court, and prohibitions against witness tampering or further offences.

Issues considered

  • What is the appropriateness of granting anticipatory bail under Section 482(2) of the B.N.S.S. 2023 in the present circumstances?
  • Does the existence of a case and counter‑case and lack of corroborative injury evidence justify bail?
  • Whether the allegations under Sections 126(2), 115(2), 109 and 3(5) of the B.N.S. warrant arrest pending trial?

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • B.N.S.
  • B.N.S.S. 2023
  • case and counter case
  • false implication
  • clean antecedent
  • bail conditions
  • assault

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.3873 of 2026
                        Arising Out of PS. Case No.-409 Year-2025 Thana- SUPAUL District- Supaul
                 ======================================================
           1.     Deepak Kumar S/o Vidya Nand Yadav R/o Village- Hardi Purab Tola Ajan,
                  Ward No 2, PS- Supaul, Distt- Supaul
           2.    Bablu Kumar @ Babaloo Kumar S/o Late Dukhi Yadav @ Dukhi Lal Yadav
                 R/o Village- Hardi Purab Tola Ajan, Ward No 2, PS- Supaul, Distt- Supaul
           3.    Suraj Kumar @ Suraj Kumar Yadav @ Tintu S/o Ram Sevak Yadav R/o
                 Village- Hardi Purab Tola Ajan, Ward No 2, PS- Supaul, Distt- Supaul
           4.    Chhotelal Yadav S/o Dukhilal Yadav @ Dukhi Lal Yadav R/o Village- Hardi
                 Purab Tola Ajan, Ward No 2, PS- Supaul, Distt- Supaul
           5.     Ram Shevak Yadav S/o Late Gosay Yadav R/o Village- Hardi Purab Tola
                  Ajan, Ward No 2, PS- Supaul, Distt- Supaul
                                                                        ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Prakash Chandra Jha,
                                                   Smt Kumari Anjali, Advocates.
                 For the Opposite Party/s :        Mr.Binod Kumar, Adv.
                 For the informant        :        Mr. Kamal Kishore Singh, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

3   23-02-2026                          Heard Mr. Manoj Kumar, learned counsel for the

                   petitioner and the learned APP for the State.

                                2. This application for grant of anticipatory bail arises

                   out of Supaul Police Station Case No. 409 of 2025 dated

                   07.08.2025, disclosing the offence under Sections 126(2),

                   115(2), 109, 3(5) of the BNS lodged by the informant, Rina

                   Kumari.

                                3. As per the prosecution case, the informant alleged

                   that while she and her husband, Manoj Kumar were sitting in
Patna High Court CR. MISC. No.3873 of 2026(3) dt.23-02-2026
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          their veranda, all the FIR named accused persons including

          these petitioners came armed variously and her husband was

          assaulted with iron rod on his head by petitioner no.3, Suraj

          Kumar @ Suraj Kumar Yadav @ Tintu and, as alleged, all of her

          family members were assaulted by means of Lathi etc.,

          Accordingly, the present FIR.

                       4. Learned counsel for the petitioner submits that the

          petitioners have not committed any offence as alleged in the FIR

          and they have falsely been implicated in this case only on the

          basis of old enmity.           He further submits that the nature of

          injuries which is said to have been sustained by the family

          members of the informant do not corroborate the allegations as

          alleged in the FIR and these petitioners have got clean

          antecedents and it is further submitted that they are agnates and

          there is a case and counter case between the parties for the same

          occurrence, which has been lodged by the petitioner no. 3

          against the husband of the informant and others bearing Supaul

          PS Case No. 411/2025. However, the petitioners further

          undertake not to get indulge in future in such kind of allegation

          and, in case, such allegations are being levelled against them in

          future, the informant and the police will be at liberty to take

          steps for cancellation of their anticipatory bail.
Patna High Court CR. MISC. No.3873 of 2026(3) dt.23-02-2026
                                            3/4




                           5. On the other hand, learned APP opposes the

          prayer for anticipatory bail of the petitioner but concedes that

          the parties are agnates and there is a case and counter case.

                           6. Considering the fact that the nature of injuries

          which is said to have been sustained by the family members of

          the informant do not corroborated the allegations as alleged in

          the FIR, there is case and counter case between the parties and

          the petitioners have got clean antecedent, this Court is inclined

          to grant the petitioners the privilege of anticipatory bail.

                           7. This application for anticipatory bail is,

          accordingly, allowed.

                           8. Let the petitioners, named above, in the event

          of their arrest or surrender before the Court below within six

          weeks from today, be released on bail on furnishing bail bond of

          Rs. 10,000/- (ten thousand) each with two sureties of the like

          amount each to the satisfaction of learned Chief Judicial

          Magistrate, Supaul in connection with aforesaid Police Station

          Case subject to the condition as laid down under Section 482 (2)

          of the B.N.S.S. 2023, as well as the following conditions:-

                                                       (i) one of the bailors should
                                          be the family member/relative of the
                                          petitioner(s) who shall provide official
                                          document to show his/her bona fide;
          Patna High Court CR. MISC. No.3873 of 2026(3) dt.23-02-2026
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                                                                 (ii) the petitioner(s) shall
                                                    appear on each and every date before
                                                    the Trial Court and failure to do so for
                                                    two       consecutive        dates    without
                                                    plausible           reason     will    entail
                                                    cancellation of his bail bond by the
                                                    Trial Court itself;
                                                                 (iii) the petitioner(s) shall in
                                                    no way try to induce or promise or
                                                    threat the witnesses or tamper with the
                                                    evidences, failing which the State shall
                                                    be at liberty to take steps for
                                                    cancellation of the bail
                                                                 (iv) the petitioner(s) shall
                                                    desist from committing any criminal
                                                    offence again, failing which the State
                                                    shall be at liberty to take steps for
                                                    cancellation of his/her bail bonds.



                                                  (Ajit Kumar, J)
    perwez

U     T


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