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Patna High Court

Bishesh Kumar @ Vishesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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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