Patna High Court
Pravesh Kumar @ Parwesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted anticipatory bail, holding that the simple nature of the injury and the provisions of Section 482(2) warrant release on bail.
Summary
The petitioner, Pravesh Kumar, was accused of assaulting his wife with a lathi, leading to simple injuries, and faced charges under multiple sections of the Bharatiya Nyaya Sanhita. He applied for anticipatory bail, claiming innocence and alleging that the case was fabricated due to a land dispute. The State opposed the bail, arguing the seriousness of the offences. The court examined the nature of the alleged injury and the applicability of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. Finding the injury to be simple and the circumstances not warranting pre‑trial detention, the court granted anticipatory bail with conditions. The petitioner was directed to surrender within eight weeks and furnish a bail bond with sureties.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita given the nature of the alleged offences.
- Whether the alleged assault constitutes a serious cognizable offence that justifies denial of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2), 351(3), 352
Subjects
- anticipatory bail
- assault
- domestic violence
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- Section 482(2)
- bail bond
- sureties
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45226 of 2026
Arising Out of PS. Case No.-35 Year-2026 Thana- NIMCHAKBATHANI District- Gaya
======================================================
Pravesh Kumar @ Parwesh Kumar S/O Kapil Yadav @ Kapildev Singh
Resident of Village- Shankarpur, P.S.- Nimchak Bathani, District- Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar, Advocate
For the Opposite Party/s : Mr. Jai Narain Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 09-07-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 126(2), 115(2), 352,
351(2), 351(3), 303(2), 109 and 3(5) of the Bharatiya Nyaya
Sanhita.
3. Prosecution case, in brief, is that this petitioner
assaulted on the head of his wife with Lathi, sticks as a result of
which she sustained injuries.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence and falsely
been implicated in this case due to land dispute. Injury sustained
by the injured is simple in nature.
5. Learned A.P.P. for the State 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 petitioner in the event of his arrest/surrender
Patna High Court CR. MISC. No.45226 of 2026(2) dt.09-07-2026
2/2
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) with two sureties of the like amount
each to the satisfaction of Learned Judicial Magistrate 1 st Class,
Gaya in connection with Nimchak Bathani P. S. Case No. 35 of
2026, subject to condition as laid down under Section 482(2) of
the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Sanjay/Alok-
U T
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