Patna High Court
Abhay KumarversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner, subject to conditions, under Section 438(2) of the CrPC.
Summary
The petitioner, Abhay Kumar, was arrested in connection with a case arising from an alleged assault on his brother (the informant) and the informant's wife, under several sections of the Bihar Narcotic Substances Act, 2023. The petitioner claimed a clean criminal record, asserted that the FIR was fabricated due to a family dispute, and argued that the injury sustained was minor. The prosecution opposed bail, emphasizing the seriousness of the offences. The court considered the petitioner’s clean antecedent, the familial relationship, and the nature of the injury, and decided to grant bail subject to conditions under Section 438(2) of the Code of Criminal Procedure. The bail order required a bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation with the trial, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether the petitioner is entitled to bail under Section 438(2) of the CrPC given the nature of the offences alleged under the Bihar Narcotic Substances Act, 2023.
- Whether the petitioner’s clean antecedent and familial relationship with the informant justify the grant of bail.
- Whether the severity of the alleged injury warrants denial of bail.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 109, 115(2), 126(2), 3(5), 351(2), 352
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- Criminal Procedure Code
- Section 438
- Bihar Narcotic Substances Act
- assault
- family dispute
- high court
- injury
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4075 of 2026
Arising Out of PS. Case No.-357 Year-2025 Thana- KAKO District- Jehanabad
======================================================
Abhay Kumar S/o Binda Yadav Resident Of VIllage- Satanpur, P.s.- Kako,
Dist.- Jehanabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nityanand Neeraj, Advocate
Ms. Kumari Anjani Sinha, Advocate
For the Opposite Party/s : Mr. Arun Kumar Pandey, APP
For the Informant : Mr. Sanjay Kr. Sinha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 06-02-2026 Heard Mr. Nityanand Neeraj, learned counsel for the
petitioner, Mr. Sanjay Kr. Sinha, learned counsel for the
informant and Mr. Arun Kumar Pandey, learned Additional
Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Kako P.S. Case No. 357 of 2025, F.I.R. dated
26.09.2025 for the offences punishable under Sections 126(2),
115(2), 109, 352, 351(2) and 3(5) of the BNS, 2023.
3. According to prosecution case, all the accused
persons including this petitioner have abused and assaulted the
informant and his wife.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
Patna High Court CR. MISC. No.4075 of 2026(2) dt.06-02-2026
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implicated in the present case. The allegation as alleged in the
F.I.R is false and fabricated and the petitioner has not committed
any offence as alleged in the F.I.R. He further submits that the
informant is the own brother of the petitioner and due to some
petty dispute the present occurrence has taken place and there is
no intention to kill anyone but still the informant received
injury.
5. Learned counsel for the informant and learned
Additional Public Prosecutor have vehemently opposed the
prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
that the petitioner has clean antecedent, both the parties are
agnate to each other and the injury report shows "lacerated
wound of size 2cm x 1cm x 1cm upon the frontal region", let the
petitioner, above named, in the event of arrest or surrender
before the court below within a period of thirty days from the
date of receipt of the order, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned SDJM,
Jehanabad in connection with Kako P.S. Case No. 357 of 2025,
subject to the conditions as laid down under Section 438(2) of
the Code of Criminal Procedure and with other following
Patna High Court CR. MISC. No.4075 of 2026(2) dt.06-02-2026
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conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. 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.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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