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Patna High Court

Ankit KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner subject to specified conditions.

Summary

Ankit Kumar sought anticipatory bail fearing arrest in a case registered under Sections 126(2), 115(2), 118(1), 109 and 3(5) of the B.N.S.S, alleging that the informant falsely implicated him due to a prior dispute. The informant claimed the petitioner assaulted him with a knife, causing injuries, but the injury report indicated only simple injuries caused by a blunt object, undermining the knife‑attack allegation. The State opposed the bail, arguing the seriousness of the offences. The Court examined the submissions and the medical report, finding the allegations of a knife assault unsubstantiated. Accordingly, the Court granted anticipatory bail, subject to a Rs.10,000 bond, two sureties of the same amount, and the condition that the petitioner’s father act as one bailor, invoking Sections 438(2) of the Cr.P.C. and 482(2) of the B.N.S.S.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 Cr.P.C. in view of the allegations under the B.N.S.S.
  • Whether the allegations of assault with a knife are substantiated by the injury report.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438
  • Section 482
  • false implication
  • assault
  • Criminal Procedure Code
  • B.N.S.S
  • High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40648 of 2026
                      Arising Out of PS. Case No.-634 Year-2025 Thana- ISLAMPUR District- Nalanda
                 ======================================================
                 Ankit Kumar Son of Ranjan Mahto @ Ranjan Kumar Sinha Resident of
                 Village - Ichhosh, P.S. - Islampur District - Nalanda
                                                                              ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Anil Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Shyam Kumar Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   06-07-2026                    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), 118(1),

                   109 and 3(5) of the BNS.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case and the informant alleges that

                   on account of previous dispute, the petitioner intercepted him on

                   08.12.2025 at 6:00 pm, while he was going home and assaulted by

                   knife causing injury on shoulder. Thereafter, repeated the assault

                   causing injury on two fingers, thereafter, Aman along with four

                   unknown accused assaulted him.

                                4. Learned counsel for the petitioner submits that

                   petitioner has been falsely implicated in the instant case by the

                   informant on account of dispute between the parties. It is next alleged

                   that the petitioner assaulted him by knife causing injury on shoulder
           Patna High Court CR. MISC. No.40648 of 2026(2) dt.06-07-20262/2




                     and fingers but from perusal of the injury report, annexed as

                     Annexure-P/2 to the anticipatory bail application, it would manifest

                     that same records the injury to be simple in nature caused by hard

                     and blunt substance thus the allegation of assault by knife gets belied.

                     It is further submitted that informant in order to give seriousness to

                     the case falsely alleged that petitioner assaulted him by knife on

                     account of previous dispute.

                                 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 on

                     furnishing bail bonds of Rs.10,000/- (Rupees Ten 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 Islampur P.S. Case No. 634 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,

                     with a condition that one of the bailors of the petitioner shall be his

                     father, namely, Ranjan Mahto @ Ranjan Kumar Sinha.



                                                                         (Satyavrat Verma, J)

vikram/-

U      T


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