Patna High Court
Ankit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- B.N.S.S. — s. 109, 115, 118, 126, 3, 482
- Criminal Procedure Code — s. 438
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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