Patna High Court
Uday KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioners subject to bond and surety conditions.
Summary
Uday Kumar and Sunil Kumar were named in an FIR for alleged assault, robbery and other offences under the Bharatiya Nyaya Sanhita. They applied for anticipatory bail fearing arrest. The State and the informant opposed the bail, citing the seriousness of the charges. The court examined the nature of the alleged injuries, noting they were simple and the allegations appeared ornamental. Relying on Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, the court granted anticipatory bail with a bond of Rs.10,000 and two sureties, subject to conditions. The order directs that if arrested within eight weeks, the petitioners be released on bail.
Issues considered
- Whether anticipatory bail can be granted under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita for the offences alleged.
- Whether the nature and seriousness of the alleged offences justify denial of anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 351(3), 352, 76
Subjects
- anticipatory bail
- assault
- criminal procedure
- Section 482
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4499 of 2026
Arising Out of PS. Case No.-365 Year-2025 Thana- NAANPUR District- Sitamarhi
======================================================
1. Uday Kumar S/O of Harikishore Bhagat @ Harikishore Mahto R/O Village-
Nanpur Jirat Tola, Ward no. 11, Nanpur Dakshini, PS-Nanpur, Distt-
Sitamarhi
2. Sunil Kumar S/O Harikishore Bhagat @ Harikishore Mahto R/O Village-
Nanpur Jirat Tola, Ward no. 11, Nanpur Dakshini, PS-Nanpur, Distt-
Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ratneshwar Prasad, Advocate
For the Opposite Party/s : Mr. Harendra Prasad, A.P.P.
For the Informant : Mr. Santosh Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 06-04-2026 Heard learned counsel for the petitioners, informant
and the State.
2. Petitioners apprehend arrest in a case registered for
the offences punishable under Sections 126(2), 115(2), 118(1),
109, 303(2), 76, 352, 351(2), 351(3), 3(5) of the Bharatiya
Nyaya Sanhita.
3. As per F.I.R., on 24.9.2025 at about 9 PM, all the
named accused persons, including these petitioners, entered the
house of informant and assaulted her by means of various
weapons. Petitioner no. 1 is alleged to have assaulted in-law of
the informant with knife. It is further alleged that the accused
Patna High Court CR. MISC. No.4499 of 2026(3) dt.06-04-2026
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persons took Rs. 3,000/- from a tin box.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have committed no offence. There is
no allegation of any specific overt act against petitioner no. 2
and injury caused by petitioner no. 1 is simple in nature. Rest of
the allegations are ornamental only to make the case grave.
5. Learned A.P.P. for the State as well as learned
counsel for the informant vehemently opposed the bail
application.
6. Considering the nature of accusation and injury, this
anticipatory bail is allowed and it is ordered that let the above
named petitioners in the event of their arrest/surrender before
the court below within a period of eight weeks from today, be
enlarged 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 Sub-Divisional Judicial Magistrate, Pupri,
Sitamarhi in connection with Nanpur P. S. Case No. 365 of
2025, subject to condition as laid down under Section 482(2) of
the Bharatiya Nagarik Suraksha Sanhita.
(Prabhat Kumar Singh, J)
Navya/-
U T
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