Patna High Court
Praveen kumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court granted anticipatory bail to the petitioner, subject to specified conditions, under its inherent powers under Section 482 of the Criminal Procedure Code.
Summary
The petitioner, Praveen Kumar, applied for anticipatory bail anticipating arrest in a case (Kesariya P.S. Case No. 251 of 2023) involving offences under several IPC sections including assault, robbery and criminal intimidation. The prosecution alleges that Kumar, along with others, assaulted an informant with a sharp weapon on the instructions of Rajendra Ram. The petitioner contended that he was falsely implicated, highlighted that a co‑accused had already been granted anticipatory bail, and argued there was no specific allegation of an overt act against him despite having one prior criminal record. The State opposed the bail. The High Court, applying its inherent powers under Section 482 of the Criminal Procedure Code, granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and conditions regarding attendance, verification of antecedents, and cancellation on breach, clarifying that any observations in the order would not affect the trial.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances alleged.
- Whether the prosecution has made a specific allegation of an overt act sufficient to deny bail.
- Whether the petitioner’s prior criminal antecedent warrants denial of bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 147, 148, 307, 323, 324, 341, 354(B), 379, 504, 506
Subjects
- anticipatory bail
- Indian Penal Code
- Criminal Procedure Code
- Section 482
- false implication
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6194 of 2026
Arising Out of PS. Case No.-251 Year-2023 Thana- KESARIA District- East Champaran
======================================================
Praveen kumar Son of Late Nandu Ram Resident of village- Bijdhari Mafi,
Ps- Kesariya District -East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar, Advocate
For the Opposite Party/s : Mr. Lalan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in anticipation of his arrest
in connection with Kesariya P.S. Case No. 251 of 2023
instituted for the offences punishable under Sections 147, 148,
341, 323, 324, 307, 379, 354(B), 504 and 506 of the Indian
Penal Code.
3. As per the prosecution case, allegation against the
petitioner is that he along with other named accused persons had
assaulted the informant. It has further been alleged that on the
instructions of one Rajendra Ram and the petitioner, the other
accused persons assaulted the informant with sharp weapon on
his head.
4. Learned counsel for the petitioner submits that the
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petitioner has falsely been implicated in the case. It has further
been submitted that for the same occurrence there is case and
counter case between the parties. One of the co-accused namely
Sanjeev Ram @ Sanjeev Kumar vide order dated 27.08.2025
passed in Cr. Misc. No. 57266 of 2025 has been granted
anticipatory bail by a co-ordinate Bench of this Court. It has
next been submitted that there is no specific allegation of overt
act against the petitioner who has one criminal antecedent.
5. Learned APP appearing on behalf of the State has
vehemently opposed the prayer for anticipatory bail.
6. Considering the facts aforesaid, the petitioner is
directed to be released on bail, in the event of his arrest or
surrender before the court below within a period of four weeks
from the date of receipt/production of a copy of this order, on
his furnishing bail bonds in the sum of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Judicial Magistrate, Ist Class, Sadar,
East Champaran, Motihari in connection with Kesariya P.S.
Case No. 251 of 2023, subject to the conditions as laid down
under Section 482 of the BNSS and subject to the following
conditions:-
(i) One of the bailors will be a close relative of the
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petitioner;
(ii) the petitioner will remain present on each and
every date fixed by the Court below, if so required by the
learned Trial Court;
(iii) in case of absence on two consecutive dates or in
violation of the terms of the bail, the bail bonds of the petitioner
will liable to be cancelled by the Court concerned;
(iv) the Court below shall verify the criminal
antecedent of the petitioner and in case at any stage, it is found
that the petitioner has concealed his criminal antecedent, the
court below shall take step for cancellation of bail bonds of the
petitioner. However, the acceptance of bail bonds in terms of the
above mentioned order shall not be delayed for purpose of the
same on in the name of verification.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
krishna/-
U T
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