Patna High Court
Bikki KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Anticipatory bail is granted to the petitioner subject to conditions under Section 438(2) CrPC and Section 482(2) B.N.S.S.
Summary
Bikki Kumar applied for anticipatory bail fearing arrest in Pali Police Station Case No. 22 of 2026, which alleges offences under several sections of the Bharatiya Nyaya Sanhita, 2023, including assault and theft of gold ornaments. The petitioner contended that he was falsely implicated, that the alleged injuries to the informant were minor, and that the charge of snatching ornaments was unfounded, asserting a clean antecedent. The State opposed the bail, arguing the seriousness of the alleged offences. The Court examined whether the allegations, taken at face value, warranted denial of bail and considered the statutory provisions governing anticipatory bail. Relying on Section 438(2) of the Code of Criminal Procedure and Section 482(2) of the Bharatiya Nyaya Sanhita, the Court held that bail could be granted subject to strict conditions. Consequently, the petition for anticipatory bail was allowed, with the petitioner required to furnish bail bonds and comply with several conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC in view of the allegations under the Bharatiya Nyaya Sanhita.
- Whether the nature of the alleged offences and the petitioner's claim of false implication justify denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 126(2), 303(2), 3(5), 351(2), 352, 482(2), 74
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Bharatiya Nyaya Sanhita
- Criminal Procedure Code
- false implication
- bail conditions
- assault
- theft of ornaments
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44243 of 2026
Arising Out of PS. Case No.-22 Year-2026 Thana- PALI District- Jehanabad
======================================================
Bikki Kumar, Son of Vidya Bhushan Yadav, Resident of Village- Bibipur,
P.S.- Pali in the district of Jehanabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar, Advocate
For the Opposite Party/s : Mr. Umeshanand Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 08-07-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner apprehends his arrest in connection with
Pali P.S. Case No. 22 of 2026 registered for the offences under
Sections 126(2), 115(2), 74, 303(2), 109(1), 352, 351(2) and
3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. The allegation against the petitioner is that he,
along with other named accused persons, brutally assaulted the
informant and even snatched away gold ornaments.
4. Learned counsel for the petitioner submits that the
petitioner has falsely been implicated in this case with general
and omnibus allegations of assault and so far as the specific
allegation of assaulting the informant with a lathi on the head is
concerned, the same is attributed to one Jitendra Kumar.
Patna High Court CR. MISC. No.44243 of 2026(2) dt.08-07-2026
2/3
Learned counsel for the petitioner further submits that the other
injuries found on the body of the informant were merely a
bruise on the right shoulder and whole body ache and the
injuries were opined to be simple in nature. It has been
submitted that the allegations of snatching of gold ornaments
are all super additions and no such incident, as alleged, had
occurred. It has lastly been submitted that the petitioner has
clean antecedent.
5. Learned APP for the State has opposed the prayer
for anticipatory bail.
6. Considering the facts and circumstances of the case
and the submissions advanced on behalf of the parties, let the
petitioner above named be released on anticipatory bail, in the
event of arrest or surrender before the learned Court below
within a period of four weeks from today, on furnishing bail
bonds of Rs.10,000/-(ten thousand) 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
Pali P.S. Case No. 22 of 2026, subject to the conditions as laid
down under Section 438(2) of the Code of Criminal Procedure
read with corresponding Section 482(2) of B.N.S.S. as well as
subject to the following conditions:-
(i) One of the bailors of the petitioner shall be his close
Patna High Court CR. MISC. No.44243 of 2026(2) dt.08-07-2026
3/3
relative.
(ii) The petitioner shall remain physically present in
Court on each date of the trial.
(iii) In case of absence on two consecutive dates, or in
violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the Court
concerned.
(iv) If the petitioner is found involved in similar nature
of offence in future, the prosecution shall be at liberty
to move for cancellation of his bail bond.
(v) The learned 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.
7. Accordingly, the prayer for anticipatory bail is
allowed.
8. It is made clear that the observation, if any, made in
this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
manoj/-
U T
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