Patna High Court
Deepak KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
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
- B.N.S. — s. 109, 115(2), 126(2), 3(5)
- B.N.S.S., 2023 — s. 482(2)
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
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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.
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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;
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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
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