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Patna High Court

Ravindra KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted anticipatory bail to the petitioners subject to the conditions prescribed under Section 482(2) of the Bhartiya Nyaya Sanhita, 2023.

Summary

The petitioners, Ravindra Kumar and Chandan Kumar, filed an anticipatory bail application fearing arrest in a case (PS No.250/2024) alleging offences under Sections 126(2), 115(2), 109, 352, 351(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023. The prosecution alleges that the petitioners, along with others, attempted to strangle the informant's father and assaulted the informant's son, causing head injuries. The petitioners contend there is a counter‑version of events, claim they also sustained injuries, have no prior criminal record, and point to a similar co‑accused who was previously granted bail. The State opposed the bail. Considering the existence of a counter‑case, the petitioners' clean antecedent, and the precedent, the Court granted anticipatory bail, directing surrender within four weeks and requiring a bail bond of Rs 10,000 with two sureties, subject to Section 482(2) of the B.N.S.S.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners despite the serious allegations under the Bhartiya Nyaya Sanhita.
  • Whether the petitioners' clean antecedent and the existence of a counter‑version of events justify bail.
  • Whether Section 482(2) of the Bhartiya Nyaya Sanhita, 2023 applies to the grant of anticipatory bail in this case.

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • Bhartiya Nyaya Sanhita
  • Section 482
  • clean antecedent
  • counter case
  • assault
  • strangulation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6097 of 2026
                      Arising Out of PS. Case No.-250 Year-2024 Thana- TILAUTHU District- Rohtas
                 ======================================================
           1.     Ravindra Kumar S/o Surendra Prasad Singh @ Surendra Singh R/o Village
                  -Indrapuri, P.S - Tilauthu, District - Rohtas
           2.    Chandan Kumar S/o Surendra Prasad Singh @ Surendra Singh R/o Village
                 -Indrapuri, P.S - Tilauthu, District - Rohtas

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Nagendra Upadhyay
                 For the Opposite Party/s :       Mr. Ashok Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   09-02-2026                  Heard learned counsel for the petitioners and Mr.

                   Uday Pratap Singh, learned APP for the State.

                                2. The instant application for anticipatory bail has

                   been filed by the petitioners apprehending their arrest in

                   connection with Tilauthu P.S. Case No. 250 of 2024 instituted

                   for the offence under Sections 126(2), 115(2), 109, 352, 351(2)

                   and 3(5) of the Bhartiya Nyaya Sanhita, 2023.

                                3. The case of the prosecution is that petitioners along

                   with others were attempting to strangulate the father of the

                   informant with the help of gamcha. On seeing this, the son of

                   the informant went to save his grandfather then he was also

                   assaulted by means of lathi-danda due to which he sustained
Patna High Court CR. MISC. No.6097 of 2026(2) dt.09-02-2026
                                            2/3




          head injuries.

                       4. During course of the argument, learned counsel for

          the petitioners have submitted that there is also a counter

          version of this case regarding the occurrence of the same date

          and in the occurrence, petitioners have also received injuries.

          The petitioners are having clean antecedent. He further submits

          that similarly situated other co-accused person has already been

          granted bail by this court vide Cr. Misc. No. 78665 of 2024. The

          case of this petitioner stands on similar footing.

                       5. In contra, learned APP appearing for the State has

          opposed the prayer of bail of the petitioners.

                       6. Having heard learned counsel for the parties and in

          the facts and circumstances of the case as stated above that there

          is a case and counter case and both the parties have received

          injuries as well as petitioners are having no criminal antecedent,

          this Court is inclined to enlarge the petitioners on bail. The

          petitioners are directed to surrender in the court below within a

          period of four weeks from today and in the event of their arrest

          or surrender in connection with Tilauthu P.S. Case No. 250 of

          2024, they will be enlarged on bail on furnishing bail bond of

          Rs. 10,000/- (Rupees ten thousand) each with two sureties of

          the like amount each to the satisfaction from the court of learned
           Patna High Court CR. MISC. No.6097 of 2026(2) dt.09-02-2026
                                                       3/3




                     court of Judicial Magistrate, Dehri, Rohtas subject to the

                     conditions as laid down under Section 482(2) of the B.N.S.S.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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