Patna High Court
Anshu Kumar @ Anshu RajversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail is granted to the petitioner subject to bond and conditions under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S.
Summary
The petitioner, Anshu Kumar, sought anticipatory bail fearing arrest in a case registered under several sections of the B.N.S. He alleged that he was falsely implicated in an assault on his nephew and son, claiming the injury report did not support a knife attack and that no specific allegation against him existed. He also highlighted a pending title suit against his father and his bail status in other cases, assuring cooperation with the investigation. The State opposed the bail. The Court, after considering the submissions, granted anticipatory bail on the condition of furnishing a bail bond of Rs.25,000 with two sureties and compliance with Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S., subject to cancellation if he fails to cooperate. The order emphasizes that the trial court may cancel the bail bonds if the petitioner does not assist the investigation.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances alleged.
- Whether the petitioner’s alleged non‑cooperation could justify denial of bail.
Legislation cited
- Bihar Negotiable Substances (or related) Act — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- false implication
- assault
- Criminal Procedure Code
- Section 438
- Section 482
- Bihar
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39882 of 2026
Arising Out of PS. Case No.-834 Year-2025 Thana- MOTIHARI TOWN District- East
Champaran
======================================================
Anshu Kumar @ Anshu Raj S/o Rajeshwar Rai Resident of village-
Maruabaad (Gola Pakadiya Tola Fatehpur), P.S.- Jai Bajrang (Lakhaura),
District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate
For the Opposite Party/s : Mr. Jharkhandi Upadhyay, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 29-06-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 126(2),
115(2), 109, 352, 351(2), 303(2) and 3(5) of the BNS.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of four cases and the informant alleges
that on 23.08.2025 his nephew and son went to see a fair when
the accused persons along with unknown accused called his
nephew and son at Munshi Singh School and when his nephew
and son reached there, the accused persons assualted them by
irod rod and knife causing injury on head of his son and also
snatched his gold chain.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.39882 of 2026(2) dt.29-06-2026
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petitioner has been falsely implicated in the instant case by the
informant. It is further submitted that from perusal of the injury
report (Annexure-2), it would manifest that the same records
that the injury was caused by hard and blunt substance and the
nature of injury has been opined to be simple in nature. It is,
thus, submitted that allegation of assault by knife gets belied. It
is next submitted that there is no specific allegation against the
petitioner of assaulting. It is also submitted that informant side
has filed Title Suit No. 634 of 2023 against the father of the
petitioner, namely, Rajeshwar Ray and other persons which is
pending adjudication in the Court of learned Sub-Judge-IV, East
Champaran at Motihari. It is further submitted that petitioner is
on bail in all the cases instituted against him. It is next
submitted that if the privilege of anticipatory bail is granted to
the petitioner, the petitioner will not abscond rather will
cooperate in the investigation to prove his innocence.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel appearing on behalf of the petitioner, let the petitioner,
above-named, in the event of his arrest or surrender within a
period of six weeks from today, be released on anticipatory bail
Patna High Court CR. MISC. No.39882 of 2026(2) dt.29-06-2026
3/3
on furnishing bail bonds of Rs.25,000/- (Rupees Twenty-five
Thousand) 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 Motihari Town P.S.
Case No. 834 of 2025, subject to the conditions as laid down
under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.
7. However, it is made clear that if the Investigating
Officer of the case files an application before the learned Trial
Court bringing to its notice that the petitioner, despite giving
assurance to this Court, is not cooperating in the investigation,
the learned Trial Court shall be at liberty to cancel the bail
bonds of the petitioner.
(Satyavrat Verma, J)
Kundan/-
U T
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