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Patna High Court

Azad Kumar @ Azad PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, subject to conditions, as the FIR does not specifically allege his participation in the assault.

Summary

The petitioner, Azad Kumar, sought anticipatory bail after learning that he was implicated in FIR No. 264 of 2025 for offences under the Bhartiya Nyay Sanhita, 2023, although his name does not appear in the FIR. The FIR alleges that three named co‑accused assaulted the informant and her father, and makes no allegation of physical assault against the petitioner, who claims a clean antecedent. The petitioner’s counsel argued that the charge is based solely on suspicion and lacks substantive material. The State opposed the bail, contending that the petitioner could be involved in the offences. The Court observed that the FIR specifically attributes the assault to the three co‑accused and, finding no material linking the petitioner, ordered that he be granted anticipatory bail on surrender within four weeks, subject to a bail bond of Rs.10,000 with two sureties and the conditions of Section 438(2) Cr.P.C. and Section 482(2) Bhartiya Nagarik Suraksha Sanhita.

Issues considered

  • What is the appropriateness of granting anticipatory bail to a person not named in the FIR but alleged to be involved in the offences?
  • Whether the lack of specific allegations against the petitioner and his clean antecedent justify bail under Section 438 Cr.P.C. and Section 482 B.N.S.S.

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • clean antecedent
  • FIR
  • non‑named accused
  • Bhartiya Nyay Sanhita
  • Section 438
  • Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.41899 of 2026
                       Arising Out of PS. Case No.-264 Year-2025 Thana- KAKO District- Jehanabad
                 ======================================================
                 Azad Kumar @ Azad Paswan S/O Kamlesh Paswan Resident of Village-
                 Ramdhani, P.S- Kako Bhelawar, District- Jehanbad.
                                                                          ... ... Petitioner
                                                  Versus
                 The State of Bihar
                                                                   ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ravi Shanker Pankaj, Advocate
                 For the Opposite Party/s :       Mr.Nagendra Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   01-07-2026               Heard learned counsel for the petitioner and learned

                   APP for the State.

                             2. The accused-petitioner, not named in the F.I.R., is

                   apprehending          his    arrest     in     connection        with      Kako

                   (Bhelawar) P.S. Case No. 264 of 2025 registered for the

                   offences punishable under Sections 191(2), 190, 126(2),

                   115(2), 109(1), 76, 324(4), 303(2), 352, 351(2) of the

                   Bhartiya Nyay Sanhita, 2023 (in short, the ‘B.N.S.’).

                             3. As per FIR, nine named and 10 – 15 unknown

                   persons after criminal trespass to the house of the informant

                   assaulted the informant and her father causing head and

                   bodily injury.

                             4. Learned counsel appearing on behalf of the

                   petitioner submitted that petitioner implicated with present
Patna High Court CR. MISC. No.41899 of 2026(2) dt.01-07-2026
                                            2/3




          crime in question without having any cogent materials and

          only on the basis of suspicion, after one month, the present

          FIR has been lodged.

                   5. It is submitted that FIR specifically alleged that

          the physical assault was caused by named co-accused

          namely, Dipak Mishra, Sintu Yadav and Kindar Yadav

          without raising any further allegation of physical assault

          qua any named or unknown co-accused persons. Petitioner

          claimed clean antecedent.

                   6. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                   7. In view of the aforesaid factual submissions and

          by taking note of the fact as allegation as to cause physical

          assault is specifically raised against three co-accused

          persons as mentioned aforesaid without involvement of

          petitioner, accordingly, above-named petitioner, who is a

          man of clean antecedent, in the event of his arrest/surrender

          within a period of four weeks from this order, is directed to

          be enlarged on bail on furnishing of bail bond of

          Rs.10,000/- (ten thousand only) with two sureties of the like

          amount each to the satisfaction of learned Sub-Divisional
           Patna High Court CR. MISC. No.41899 of 2026(2) dt.01-07-2026
                                                       3/3




                     Judicial      Magistrate,        Jehanabad/          concerned   court   in

                     connection with Kako (Bhelawar) P.S. Case No. 264 of

                     2025, subject to the conditions as laid down under Section

                     438(2) of the Cr.P.C/Section 482(2) of the Bhartiya Nagarik

                     Suraksha Sanhita (in short “B.N.S.S.”).


                                                                   (Chandra Shekhar Jha, J)
Rajeev/-

U      T


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