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Patna High Court

Priyanshu Kumar @ Priyanshu Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, holding that his clean antecedent and the minor nature of the alleged injury warranted bail subject to statutory conditions.

Summary

Petitioner Priyanshu Kumar was implicated in FIR No. 242 of 2024 for multiple offences under the B.N.S., 2023, including assault on the informant's brother. He applied for anticipatory bail, claiming a clean antecedent and that the alleged injury was minor and the FIR was fabricated. The State opposed the bail. The court examined the nature of the alleged injury, the petitioner’s clean record, and the seriousness of the charges. Finding the injury simple and the petitioner’s antecedents clean, the court granted anticipatory bail subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the B.N.S., 2023. The bail order required a bond of Rs.10,000 with two sureties and compliance with several conditions.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances of the case
  • Whether the nature of the alleged injury and the petitioner’s clean antecedent justify bail despite the serious charges under the B.N.S., 2023
  • Whether the allegations in the FIR constitute a false or fabricated case warranting denial of bail

Legislation cited

Subjects

  • anticipatory bail
  • clean antecedent
  • minor injury
  • Section 438 CrPC
  • Section 482 BNSS
  • bail conditions
  • false FIR
  • fabricated allegation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.4121 of 2026
                        Arising Out of PS. Case No.-242 Year-2024 Thana- ISUAPUR District- Saran
                 ======================================================
                 Priyanshu Kumar @ Priyanshu Kumar Singh S/o Jai Prakash Singh R/o
                 Village - Usari Kala, P.S - Isuapur, District - Saran

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ashok Kumar, Advocate
                 For the State            :        Mr. Sanjay Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   06-02-2026                     Heard Mr. Ashok Kumar, learned counsel for the

                   petitioner and Mr. Sanjay Kumar Pandey, learned APP for the

                   State.

                                   2. The petitioner is apprehending his arrest in

                   connection with Isuapur P.S. Case No. 242 of 2024, F.I.R. dated

                   25.10.2024 registered for the offences punishable under Sections

                   115(2), 118(1), 109, 126(2), 303(2), 351(2), 352, 3(5) of the

                   B.N.S., 2023.

                                  3. Allegation against the petitioner is that he along

                   with other co-accused person has assaulted to the brother of the

                   informant due to which he sustained injury.

                                  4. Learned counsel for the petitioner submits that the

                   petitioner has clean antecedent and he has been falsely implicated

                   in the present case. He further submits that the allegation as
Patna High Court CR. MISC. No.4121 of 2026(2) dt.06-02-2026
                                            2/3




          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. From perusal of

          the F.I.R, it appears that the F.I.R. is in two parts, in first part, there

          is general and omnibus allegation against all the accused persons

          including the petitioner and in second part, there is specific

          allegation against the petitioner that he along with other co-

          accused person, namely, Jay Prakash Singh has assaulted to the

          brother of the informant namely Raja Kumar Singh. Although he

          has received injury but the injury report suggests that the injury

          inflicted upon the injured person namely Raja Kumar Singh is

          simple in nature caused by hard and blund substance.

                         5. Learned APP for the State has opposed the prayer

          for anticipatory bail of the petitioner.

                        6. Considering the facts and circumstances of the case

          and the fact that the petitioner having clean antecedent and the

          injury inflicted upon the injured person is simple in nature, let the

          petitioner, above named, in the event of his 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/- (Rupees Ten Thousand) with two sureties of the

          like amount each to the satisfaction of learned                   Judicial

          Magistrate/Court concerned at Saran at Chapra in connection with

          Isuapur P.S. Case No. 242 of 2024, subject to the conditions as
               Patna High Court CR. MISC. No.4121 of 2026(2) dt.06-02-2026
                                                           3/3




                         laid down under Section 438(2) of the Code of Criminal

                         Procedure/ Section 482(2) of BNSS, 2023 and with other

                         following conditions :-

                                      (1) 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.

                                      (2) If the petitioner tampers with the evidence or the

                         witness, in that case, the prosecution will be at liberty to move for

                         cancellation of bail.

                                      (3) 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)
Ibrar//-

U          T


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