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Patna High Court

Karamveer RajversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted as the petitioner is likely to be arrested and there is no sufficient ground to deny bail under the applicable provisions.

Summary

The petitioner, Karamveer, sought anticipatory bail fearing arrest in a case registered under multiple sections of the B.N.S. for alleged assault on Sitaram Yadav. The prosecution alleged that the petitioner assaulted the victim, while the petitioner claimed innocence, asserting that the victim sustained no injury and that he has a clean antecedent. The learned counsel for the State opposed the bail, arguing that the charges warranted detention. The Court examined the applicability of Section 438(2) of the Code of Criminal Procedure, 1973 and Section 482 of the B.N.S. regarding anticipatory bail. Considering the facts and the petitioner's claim of false implication, the Court allowed the anticipatory bail application. The bail was conditioned on a bond of Rs.10,000 with two sureties and compliance with the stipulated conditions.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC
  • Whether the High Court has jurisdiction to grant bail under Section 482 of the B.N.S.
  • Whether the allegations against the petitioner constitute a ground to deny anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Section 482 B.N.S.
  • bail jurisdiction
  • false implication
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5093 of 2026
                         Arising Out of PS. Case No.-789 Year-2024 Thana- JAMUI District- Jamui
                 ======================================================
                 Karamveer Raj S/o Dablu Yadav R/o Village- Hansdih, P.S.- Jamui, District-
                 Jamui

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Ms.Priyanka Singh, Advocate
                 For the Opposite Party/s :        Mr.Anant Kumar 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   24-02-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                   2. The petitioner apprehends his arrest in

                   connection with Jamui P.S. Case No. 789 of 2024 registered for

                   the offence under Sections 126(2), 115(2), 109, 118(1), 303(2),

                   351(2) and 3(5) of the B.N.S.

                                   3.     As per the prosecution case, petitioner is

                   accused of assaulting one Sitaram Yadav.

                                    4. It has been submitted by the learned counsel for

                   the petitioner that the petitioner is innocent and he has falsely

                   been implicated in this case. It is next submitted that the Sitaram

                   Yadav has not sustained any injury. Petitioner has clean

                   antecedent.

                                      5. Learned A.P.P. for the State opposes the prayer
              Patna High Court CR. MISC. No.5093 of 2026(3) dt.24-02-2026
                                                          2/2




                        for anticipatory bail of the petitioner.

                                        6. Considering the aforesaid facts, this application

                        is allowed.

                                        7. Let the petitioner, above named, in the event of

                        his arrest or surrender before the concerned Court below within

                        four weeks from today, be released on bail on furnishing bail

                        bond of Rs. 10,000/- (Ten Thousand) with two sureties of the

                        like amount each to the satisfaction of the learned C.J.M.,

                        Jamui/ concerned Court below in connection with Jamui P.S.

                        Case No. 789 of 2024, subject to the conditions laid down in

                        Section 438(2) of the Code of Criminal Procedure, 1973 /

                        Section 482 of the BNSS.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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