Patna High Court
Bishesh Kumar @ Vishesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
The court granted bail to the petitioner, subject to conditions, under Section 482(2) of the B.N.S.S., 2023.
Summary
Bishesh Kumar petitioned the Patna High Court for bail in a criminal case (Mashrakh P.S. Case No. 202 of 2025) alleging offences under several sections of the B.N.S.S. He claimed he was falsely implicated, that the alleged injury was simple and bailable, and that he had no prior criminal record or earlier bail applications. The State opposed the bail on the ground of the seriousness of the charges. The court examined the nature of the alleged offences and the petitioner’s claim of innocence and lack of antecedents. Relying on Section 482(2) of the B.N.S.S., 2023, the court held that bail could be granted subject to strict conditions. Accordingly, the bail petition was allowed, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties and comply with conditions regarding disclosure of antecedents and prior bail applications.
Issues considered
- Whether the petitioner is entitled to bail despite the charges under Sections 126(2), 115(2), 118(1), 109(1), 303(2), 352, 351(2), 351(3) and 3(5) of the B.N.S.S.
- Whether the alleged injury constitutes a bailable offence under the applicable law
- Whether the petitioner’s lack of prior criminal antecedents and absence of earlier bail applications affect the grant of bail
Legislation cited
- B.N.S.S. — s. 109(1), 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 351(3), 352, 482(2)
Subjects
- bail
- criminal procedure
- section 482
- B.N.S.S.
- simple injury
- non‑bailable offence
- anticipatory bail
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4468 of 2026
Arising Out of PS. Case No.-202 Year-2025 Thana- MASHRAK District- Saran
======================================================
Bishesh Kumar @ Vishesh Kumar Son of Rameshwar Mahto, Resident of
Village- Samashpura, P.S.- Mashrakh, District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Mili Kumari, Advocate
For the State : Mr. Raj Ballabh Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail, apprehending his arrest,
in connection with Mashrakh P.S. Case No. 202 of 2025, dated
11.05.2025, registered for the offences punishable under
Sections 126(2), 115(2), 118(1), 109(1), 303(2), 352, 351(2),
351 (3) and 3(5) of BNS.
3. As per allegation, the accused persons including the
petitioner came to the house of the informant and assaulted her
family members.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in this
case. He further submits that as a matter of fact, both sides are
next door neighbors and on some dispute, altercation took place.
Patna High Court CR. MISC. No.4468 of 2026(2) dt.04-02-2026
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He further submits that alleged injury is simple in nature. As
such, Section 307 of the Indian Penal Code is not made out
against the petitioner. It is a matter of simple injury which is
bailable in nature.
5. It is also stated in paragraph no. 2 of the bail
petition that the petitioner has not moved this Court earlier
either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the
bail petition that the petitioner has no criminal antecedent.
7. However, learned APP for the State vehemently
opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances,
this petition is allowed, directing the petitioner, above-named,
to be enlarged on bail, in the event of his arrest or surrender
before the court below within a period of eight weeks from the
date of receipt / production of a copy of this order, on his
furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned concerned Court Below, in connection with Mashrakh
P.S. Case No. 202 of 2025, subject to the conditions as laid
down under Section 482 (2) of the B.N.S.S., 2023 and on the
following conditions:
Patna High Court CR. MISC. No.4468 of 2026(2) dt.04-02-2026
3/3
(i) In case, it is brought to the notice of the court
below that the petitioner has any criminal antecedents, learned
court below shall cancel the bail bonds of the petitioner after
hearing him and getting satisfied that the petitioner has
concealed his criminal antecedents despite his knowledge of the
same.
(ii) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong,
learned court below shall cancel the bail bonds of the petitioner.
(Jitendra Kumar, J.)
ravishankar/-
U T
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