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Patna High Court

Anshu Kumar @ Anshu RajversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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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