Patna High Court
Raju KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court allowed the petition for anticipatory bail, granting it subject to prescribed conditions.
Summary
The petitioner, Raju Kumar, was implicated in a police case alleging assault and grievous injury under multiple sections of the Bharatiya Nyaya Sanhita, 2023. He contended that the allegations were false, the injuries were minor, and that a counter‑case had been filed by him, asserting a clean antecedent. The State opposed his request for anticipatory bail. The High Court, after considering the facts and the submissions, granted anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 read with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, subject to specific conditions including bail bonds, sureties, and compliance with trial attendance. The order also stipulated that any violation could lead to cancellation of bail. The court clarified that its observations would not affect the trial.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC read with Section 482(2) B.N.S.S. in view of the alleged offences.
- Whether the seriousness of the alleged offences and the possibility of arrest justify denial of anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 117(2), 126(2), 190, 191(2), 191(3), 303(2), 329(4), 351(3), 352, 74
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- assault
- grievous injury
- false implication
- Bharatiya Nyaya Sanhita
- Criminal Procedure Code
- Section 438
- Section 482
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38872 of 2026
Arising Out of P.S. Case No.-671, Year-2025. Thana- ISLAMPUR, District- Nalanda
======================================================
Raju Kumar, S/o- Viresh Kumar, Resident of Village- Chandanpura, Police
Station- Islampur, District- Nalanda at Biharsharif
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Shanker Pankaj, Advocate
For the Opposite Party/s : Mr. Awadhesh Kumar Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 17-06-2026 Heard the learned counsel for the petitioner and the
learned A.P.P. for the State.
2. The petitioner is apprehending his arrest in
connection with Islampur P.S. Case No. 671 of 2025 registered
for the offence(s) under Section(s) 190, 191(2), 191(3), 329(4),
126(2), 115(2), 109, 303(2), 351(3), 352, 117(2) and 74 of the
Bharatiya Nyaya Sanhita, 2023 (B.N.S.).
3. As per the prosecution case, the allegation against
the petitioner is that he has assaulted the informant brutally and
has caused a grievous injury to her.
4. The learned counsel for the petitioner submits that
the petitioner has falsely been implicated and no such incident
as alleged has happened. It has further been submitted that
though the allegation of assault has been made against the
petitioner but the injuries were found to be simple barring one
injury that is found to be on the left wrist which is said to be
grievous in nature. It has next been submitted that there is a case
Patna High Court CR. MISC. No.38872 of 2026(2) dt.17-06-2026
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and counter case, for the said occurrence one Islampur P.S. Case
No. 670 of 2025 was lodged on behalf of the petitioner side and
in fact the present case has been registered after the case lodged
by the petitioner. It has also been submitted that both side have,
in fact, received injuries. It has lastly been submitted that the
petitioner has clean antecedent.
5. The learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
6. Considering the facts and circumstances of the
case and the submissions advanced on behalf of the parties, let
the petitioner, above-named, be released on anticipatory bail, in
the event of his arrest or surrender before the concerned
Court/successor Court within a period of four weeks from today,
on his furnishing bail bonds in the sum of Rs. 10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of the concerned Court/successor Court where the
case is pending in connection with Islampur P.S. Case No. 671
of 2025, subject to the conditions as laid down under Section
438(2) of the Code of Criminal Procedure, 1973 read with
corresponding Section 482(2) of the Bharatiya Nagarik
Suraksha Sanhita, 2023 (B.N.S.S.) as well as subject to the
Patna High Court CR. MISC. No.38872 of 2026(2) dt.17-06-2026
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following conditions :
(i) One of the bailors of the petitioner shall be
his/her close relative and the other shall be a local
resident.
(ii) The petitioner shall remain physically present
before the concerned Court on each and every date of the
trial and shall cooperate in the investigation.
(iii) In case of absence for two consecutive occasions
or in violation of the terms of the bail, the bail bonds of
the petitioner will be liable to be cancelled by the
concerned Court.
(iv) If the petitioner, in future, is found to be
involved in similar nature of offence(s), the prosecution
shall be at liberty to move for cancellation of his/her bail
bonds.
(v) The concerned Court shall verify the criminal
antecedent of the petitioner and in case, at any stage, it is
found that he/she has concealed his/her criminal
antecedents, the Court concerned shall take necessary
steps for cancellation of his/her bail bond. However, the
acceptance of bail bonds in terms of the above-mentioned
order shall not be delayed for purpose of or in the name of
verification.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
8. The application stands allowed.
sweta/- (Sourendra Pandey, J)
U T
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