Patna High Court
Anuj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to the petitioners, subject to prescribed bond and conditions.
Summary
The petitioners, four residents of Buchchi village, sought anticipatory bail fearing arrest in a case (PS No. 330 of 2025) alleging offences under Sections 126(2), 127(2), 118(1), 115(2), 110, 191(1), 192 and 190 of the BNS. They claimed to have a clean antecedent and argued that the informant’s allegations of a mass assault were false, contending that they were falsely implicated. The petitioners also relied on a recent order granting anticipatory bail in a similar case (Cr. Misc. No. 4571 of 2026) to argue parity. The State opposed the bail, asserting the seriousness of the offences. The Court, after considering the submissions, granted anticipatory bail to the petitioners, subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 of the Cr.P.C.
- Whether the petitioners are likely to tamper with evidence or flee from prosecution.
- Whether the earlier grant of anticipatory bail in a similar case creates a binding precedent for parity.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Criminal Procedure Code
- Section 438
- Section 482
- BNS offences
- false implication
- parity in bail orders
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4666 of 2026
Arising Out of PS. Case No.-330 Year-2025 Thana- NARDIGANJ District- Nawada
======================================================
1. Anuj Kumar S/o Ambika Prasad @ Amerik Mahto R/o Village - Buchchi,
P.S - Nardiganj, District - Nawada
2. Subhash Mahto @ Subhash Kumar S/o Rajo Mahto @ Rajendra Mahto R/o
Village - Buchchi, P.S - Nardiganj, District - Nawada
3. Dipu Kumar @ Deepu Kumar S/o Kapil Mahto @ Kapildeo Prasad R/o
Village - Buchchi, P.S - Nardiganj, District - Nawada
4. Abhimanyu Kumar @ Gore Kumar @ Golerlal Kumar S/o Suresh Mahto @
Suresh Prasad R/o Village - Buchchi, P.S - Nardiganj, District - Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Birendra Kumar, Advocate
For the Opposite Party/s : Mr. Satyendra Prasad, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 02-02-2026 1. Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 126(2), 127(2),
118(1), 115(2), 110, 191(1), 192 and 190 of the BNS.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and the informant
alleges that he was going to attend a programme when he was
intercepted by 30-40 accused persons and Bittu Kumar with khanti
and Ranjit Kumar with gandasa assaulted him on his head and
thereafter 22 named accused persons including the petitioners
assaulted him by lathi, danda and butt of rifle.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.4666 of 2026(2) dt.02-02-2026
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petitioners have been falsely implicated in the instant case by the
informant. It is further submitted that Mithun Kumar along with four
others had approached this Court seeking anticipatory bail by filing
Cr. Misc. No. 4571 of 2026 and the same came to be allowed by an
order dated 02.02.2026. It is next submitted that case of the
petitioners is on a similar footing, thus, based on parity, the
petitioners seek anticipatory bail.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners and taking into consideration the order
dated 02.02.2026 passed in Cr. Misc. No. 4571 of 2026, let the
petitioners above-named, in the event of their arrest or surrender
before the learned trial court within a period of six weeks from today,
be released on anticipatory bail on furnishing bail bonds of
Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like
amount each to the satisfaction of the learned trial court where the
case is pending/Successor Court in connection with Nardiganj P.S.
Case No. 330 of 2025, subject to the conditions as laid down under
Section 438(2) of the Cr.P.C./482(2) of the BNSS.
(Satyavrat Verma, J)
Kundan/-
U T
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