Created by Fuzzy Cloud

Patna High Court

Anshu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The application for regular bail is allowed.

Summary

Anshu Kumar and Subham Kumar were arrested in March 2026 for allegedly assaulting an informant with lathi, danda and an iron rod, charged under multiple sections of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act. The petitioners filed a regular bail application, claiming innocence, while the State and the informant opposed the relief. The High Court examined the seriousness of the offences and the custody period, and concluded that bail could be granted with appropriate safeguards. The court ordered the release of each petitioner on a bail bond of Rs.10,000 with two sureties of the same amount, subject to monthly attendance at the police station on the first and third Sundays. The court clarified that its observations were prima facie and would not affect the merits of the trial.

Issues considered

  • Whether the petitioners are entitled to regular bail despite charges under Sections 126(2), 115(2), 352, 351(2), 118(2), 109, 303(2), 74, 3(5) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act.
  • Whether the conditions imposed by the court are appropriate to ensure the petitioners' attendance and prevent tampering with evidence.

Legislation cited

Subjects

  • regular bail
  • bail bond
  • criminal procedure
  • assault
  • Arms Act
  • Bharatiya Nyaya Sanhita
  • police station attendance

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42447 of 2026
                     Arising Out of PS. Case No.-117 Year-2026 Thana- TEGHRHA District- Begusarai
                 ======================================================
           1.     Anshu Kumar S/O Late Vimal Singh @ Late Bimal Singh R/O Village-
                  Ayodhya Paigambarpur, Ward no. 8, P.S.- Teghra, (Teghrha), District-
                  Begusarai
           2.    Subham Kumar S/O Shrikant Singh R/O Village- Ayodhya Paigambarpur,
                 Ward no. 8, P.S.- Teghra, (Teghrha), District- Begusarai

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sandip Kumar Gautam
                 For the Opposite Party/s :       Ms. Asha Devi
                 For the Informant        :       Mr. Bipin Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   29-06-2026                  Heard the learned counsel for the petitioner, the

                   learned APP for the State and the learned counsel for the

                   informant.

                                2. The petitioners seek regular bail in connection with

                   Teghra (Teghrha) P.S. Case No. 117 of 2026, registered for

                   offences under Sections 126(2), 115(2), 352, 351(2), 118(2),

                   109, 303(2), 74 and 3(5) of the Bharatiya Nyaya Sanhita, 2023

                   and Section 27 of the Arms Act.

                                3. As per the prosecution case, the petitioners along

                   with others are accused of assaulting the informant and others

                   with lathi, danda and iron rod.

                                4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.42447 of 2026(2) dt.29-06-2026
                                            2/3




          the petitioners are quite innocent and they have not committed

          any offence. The petitioners are in custody since 05.03.2026.

                       5. Learned A.P.P. for the State and the learned counsel

          for the informant have vehemently opposed the prayer for bail.

                       6. Considering the aforesaid facts and circumstances

          and the allegations levelled against the petitioners, this

          application for regular bail is allowed.

                       7. Let the petitioners, above named, be released on

          bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)

          each with two sureties of the like amount each to the satisfaction

          of the learned Court below where the case is pending/successor

          Court in connection with Teghra (Teghrha) P.S. Case No. 117 of

          2026 subject to condition that:-

                                               7(i). The petitioners shall mark

                                  their attendance at the Teghra (Teghrha)

                                  Police Station on the first and third Sunday

                                  of every month. Any default in appearance at

                                  the Police Station shall result in cancellation

                                  of the bail bond of the petitioners.

                       8. It is made clear that any observation made herein is

          prima facie in nature and limited solely for the purpose of

          adjudication of the present bail application. Such observations
            Patna High Court CR. MISC. No.42447 of 2026(2) dt.29-06-2026
                                                        3/3




                      shall not be construed as an expression on the merits of the case

                      and shall not influence the trial or any other proceedings in any

                      manner.



                                                 (Sandeep Kumar, J)
Shishir/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.