Patna High Court
Abhishek Kumar Anand @ Tantan @ Tantan Singh @ Abhishek KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The petitioners are entitled to bail subject to the conditions imposed under Section 480(3) of the B.N.S.S.
Summary
The petitioners, Abhishek Kumar Anand and Raushan Kumar, were charged under several sections of the B.N.S., 2023 for allegedly assaulting the brother of an informant with a sharp‑edged weapon. They contended that the allegations were vague, no injury from a sharp weapon was evident, and they were falsely implicated. The prosecution argued for continued custody, but the court noted the lack of specific evidence linking the petitioners to the alleged weapon‑related injuries and considered the length of their custody and the filing of the charge‑sheet. Consequently, the court granted bail to both petitioners, imposing a bond of Rs.10,000 each with two sureties and conditions under Section 480(3) of the B.N.S.S. The order also required their presence at court dates and stipulated cancellation of bail for non‑compliance.
Issues considered
- Whether the petitioners are entitled to bail despite the serious nature of the assault charges.
- Whether specific evidence links the petitioners to the alleged use of a sharp‑edged weapon.
- Whether Section 480(3) of the B.N.S.S. permits bail under the circumstances.
Legislation cited
- B.N.S., 2023 — s. 109, 115(2), 118(2), 126(2), 190, 191(2), 191(3), 480(3)
Subjects
- bail
- assault
- sharp edged weapon
- false implication
- criminal procedure
- Section 480(3)
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68038 of 2025
Arising Out of PS. Case No.-336 Year-2025 Thana- AURANGABAD TOWN District-
Aurangabad
======================================================
Abhishek Kumar Anand @ Tantan @ Tantan Singh @ Abhishek Kumar S/o
Shri Ram Singh @ Shree Ram Singh @ Siya Ram Singh, Resident of
Kshatriya Nagar, P.S.- Nagar Thana Aurangabad, District- Aurangabad.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
with
CRIMINAL MISCELLANEOUS No. 68094 of 2025
Arising Out of PS. Case No.-336 Year-2025 Thana- AURANGABAD TOWN District-
Aurangabad
======================================================
Raushan Kumar Son of Late Ram Eqbal Singh, R/o Mohalla - Kashtriya
Nagar, P.S. - Nagar Thana Aurangabad, District - Aurangabad.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 68038 of 2025)
For the Petitioner : Mr. Krishna Pd. Singh, Sr. Advocate
Mr. Saket Kumar Singh, Advocate
For the Opposite Party : Mr. Akbar Ali, APP
(In CRIMINAL MISCELLANEOUS No. 68094 of 2025)
For the Petitioner : Mr. Krishna Pd. Singh, Sr. Advocate
Mr. Saket Kumar Singh, Advocate
For the Opposite Party : Mr. Amitesh Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 05-01-2026 Both the criminal miscellaneous petitions have
arisen out of the same police station case number, hence they are
being heard together and decided by a common order.
2. Heard learned senior counsel for the petitioners
and learned A.P.P. for the State.
3. In the present case, the petitioners seek bail in
Patna High Court CR. MISC. No.68038 of 2025(3) dt.05-01-2026
2/4
connection with Aurangabad (Town) P.S. Case No. 336 of 2025
dated 02.06.2025, registered for the offences punishable under
Sections 109, 191(2), 191(3), 190, 115(2), 126(2) and 118(2) of
the B.N.S., 2023.
4. As per the prosecution case, petitioners and other
co-accused persons surrounded the brother of the informant and
assaulted him with sharp edged weapon causing injury on his
head.
5. Learned senior counsel appearing on behalf of
the petitioner submits that petitioners have falsely been
implicated in the present case. There is general and omnibus
allegation of assault against six persons including these
petitioners by sword, knife and rod etc. It has specifically been
mentioned that when the brother of the informant tried to run
away, he was assaulted by five to six accused persons with
swords. There is no specific allegation of any overt act against
these petitioners. The injury report of the victims show that the
injured received two injuries on the head and one injury on right
little finger, but all the injuries are lacerated wound caused by
hard and blunt substance. There is no sword injury on the head
of the victim. No motive has been assigned for the assault.
Learned senior counsel next submits that petitioner in Cr. Misc.
Patna High Court CR. MISC. No.68038 of 2025(3) dt.05-01-2026
3/4
No. 68038 of 2025 is having antecedent of one case in which he
is on bail and petitioner in Cr. Misc. No. 68094 of 2025 is
having clean antecedent. Learned senior counsel lastly submits
that petitioner in Cr. Misc. No. 68038 of 2025 is in custody
since 10.07.2025 and petitioner in Cr. Misc. No. 68094 of 2025
is in custody since 04.07.2025 and chargesheet has been
submitted.
6. Learned A.P.P. appearing on behalf of the State
opposes the submissions made on behalf of the petitioners.
7. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
absence of injury of sharp edged weapon on the victim and also
considering the period of custody of the petitioners and
submission of chargesheet, the petitioners, above-named, are
directed to be released on bail, on furnishing bail bonds of
Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties
of the like amount each to the satisfaction of learned Chief
Judicial Magistrate, Aurangabad / concerned Court, in
connection with Aurangabad (Town) P.S. Case No. 336 of
2025, subject to the condition laid down under Section 480(3) of
the B.N.S.S. and other following conditions:
(i) One of the bailors will be a close relative of the
Patna High Court CR. MISC. No.68038 of 2025(3) dt.05-01-2026
4/4
petitioners.
(ii) The petitioners 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 non-appearance of the petitioners
on single date or in violation of the terms of the bail, the bail
bond of the petitioners will be liable to be cancelled by the
Court concerned.
(Arun Kumar Jha, J)
Shahnawaz/-
U T
Checking your session…