Patna High Court
Abhay Kumar @ Aman KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court held that anticipatory bail must be granted to the petitioners, subject to the conditions prescribed under Section 438(2) CrPC read with Section 482(2) B.N.S.S.
Summary
The petitioners, Abhay Kumar and Jagat Rai, filed an anticipatory bail application fearing arrest in connection with PS Neora case No.141 of 2025, wherein they were accused of assaulting the informant’s husband and causing injuries. They contended that the allegations were fabricated, arising from a personal dispute, and that the injuries were minor, asserting clean antecedents. The State opposed the bail, arguing the seriousness of the offences under the Bharatiya Nyaya Sanhita. The Patna High Court, after considering the submissions, granted anticipatory bail subject to conditions under Section 438(2) of the Code of Criminal Procedure and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The order stipulated a bail bond, sureties, personal presence in court, cooperation with investigation and made clear that the observations would not affect the trial.
Issues considered
- Whether anticipatory bail should be granted to the petitioners in view of the alleged offences
- Whether the allegations constitute sufficient ground for arrest under the Bharatiya Nyaya Sanhita
- Whether the conditions imposed under Section 438 CrPC and Section 482 B.N.S.S. are appropriate
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 126(2), 3(5), 351(2), 352
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- criminal procedure
- assault
- false allegations
- bail conditions
- Section 438
- Section 482
- Bharatiya Nyaya Sanhita
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6455 of 2026
Arising Out of PS. Case No.-141 Year-2025 Thana- NEORA District- Patna
======================================================
1. Abhay Kumar @ Aman Kumar S/o Jagat Rai R/o Village - Ghurghur Tola,
P.S - Neora, District - Patna
2. Jagat Rai @ Jagat Yadav S/o Late Ram Ashish Rai R/o Village - Ghurghur
Tola, P.S - Neora, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bimal Kumar, Adv.
For the Opposite Party/s : Mr. Shyam Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 04-02-2026 Heard the learned counsel for the petitioners and the
learned A.P.P. for the State.
2. The petitioners are apprehending their arrest in
connection with Neora P.S. Case No. 141 of 2025 registered for
the offence(s) under Section(s) 126(2), 115(2), 109(1), 352,
351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (B.N.S.).
3. The allegations against the petitioners are that they
along with others had assaulted the husband of the informant
and abused him and thereafter, they all fled on arrival of co-
villagers.
4. The learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.6455 of 2026(2) dt.04-02-2026
2/3
that the allegations as alleged are all false and concocted. It has
been submitted that due to personal dispute, there was an
altercation for which a counter case was also lodged from the
side of the prosecution. It has further been submitted that the
allegations leveled in the F.I.R. are not corroborated by the
injuries sustained, which were found to be simple though on the
head of the informant. It has lastly been submitted that the
petitioners have clean antecedents.
5. The learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioners.
6. Considering the facts and circumstances of the
case and the submissions advanced on behalf of the parties, let
the petitioners, above-named, be released on anticipatory bail, in
the event of their arrest or surrender before the concerned
Court/successor Court within a period of four weeks from today,
on their furnishing bail bond in the sum of Rs. 10,000/- (Rupees
Ten Thousand) each with two sureties of the like amount each to
the satisfaction of the concerned Court/successor Court where
the case is pending in connection with Neora P.S. Case No. 141
of 2025, subject to the conditions as laid down under Section
438(2) of the Code of Criminal Procedure, 1973 read with
Patna High Court CR. MISC. No.6455 of 2026(2) dt.04-02-2026
3/3
corresponding Section 482(2) of the Bharatiya Nagarik
Suraksha Sanhita, 2023 (B.N.S.S.) as well as subject to the
following conditions :
(i) One of the bailors of the petitioners shall be their
close relative and the other shall be a local resident.
(ii) The petitioners shall remain physically present
before the concerned Court on each and every date of the
trial and shall cooperate in the investigation.
(iii) In case of absence for two consecutive occasions
or in violation of the terms of the bail, the bail bond of the
petitioners will be liable to be cancelled by the concerned
Court.
(iv) The concerned Court shall verify the criminal
antecedent of the petitioners and in case, at any stage, it is
found that he has concealed their criminal antecedent, the
Court concerned shall take necessary steps for cancellation
of their bail bond. However, the acceptance of bail bond
in terms of the above-mentioned order shall not be delayed
for purpose of or 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.
8. The application stands allowed.
(Sourendra Pandey, J)
Praveen-II/-
U T
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