Patna High Court
Anshu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(2), 126(2), 303(2), 3(5), 351(2), 352, 74
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
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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
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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
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