Patna High Court
Priyanshu Kumar @ Priyanshu Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- B.N.S., 2023 — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352, 482(2)
- Code of Criminal Procedure — s. 438(2)
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
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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
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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//-
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