Patna High Court

Ravi KumarversusThe State of Bihar

Decided: 17 January 2026
Disposal: BAIL GRANTED
Bench: SONI SHRIVASTAVA

Holding

The Court granted anticipatory bail to the petitioners subject to bail bonds, sureties and compliance with statutory conditions.

Summary

The petitioners, Ravi Kumar and Mukesh Prasad, applied for anticipatory bail fearing arrest in connection with PS Kuchaikote Case No. 85 of 2025, which alleged offences under several sections of the B.N.S. The FIR claimed they attempted to assault the informant, Nirmala Devi, causing a simple head injury, while the petitioners argued that the injury was minor and that there exists a case‑and‑counter‑case between the parties, with the only grievous injury caused by another individual, Rahul Kumar. The State opposed the bail. The Court, considering the simple nature of the alleged injuries and the existence of a counter‑case, ordered that the petitioners be released on anticipatory bail upon furnishing bail bonds and sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the B.N.S.S, 2023, and to cooperate with the investigation. The order also directed compliance with the Chief Judicial Magistrate of Gopalganj.

Issues considered

Whether anticipatory bail should be granted to the petitioners under Section 438 of the CrPC in view of the alleged offences.
Whether the nature of the alleged injury and the presence of a counter‑case justify the grant of bail.
Whether conditions imposed under Section 438(2) CrPC and Section 482(2) B.N.S.S, 2023 are appropriate.

Legislation cited

B.N.S.S., 2023 — s. 109(1), 115(2), 118(1), 126(2), 3(5), 351(2), 352, 482(2)
Code of Criminal Procedure — s. 438(2)

Subjects

anticipatory bail
Section 438 CrPC
Section 482 B.N.S.S
simple injury
case and counter case
bail conditions
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.68354 of 2025
                    Arising out of PS. Case No.-85 Year-2025 Thana- KUCHAIKOTE District- Gopalganj
                 ======================================================
           1.     Ravi Kumar, S/o Shambhu Prasad, R/o Village - Rajapur, P.S - Kuchaikote,
                  District - Gopalganj, Bihar
           2.    Mukesh Prasad @ Mukesh Kumar, S/o Motilal Bhagat @ Motilal Prasad
                 R/o Village - Rajapur, P.S - Kuchaikote, District - Gopalganj, Bihar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr. Indrajeet Bhushan, Advocate
                 For the Opposite Party/s:       Mr. Nirmal Kumar Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

3   17-01-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners have preferred this application for

                   grant of anticipatory bail apprehending their arrest in connection

                   with Kuchaikote P.S. Case No. 85 of 2025 registered under sec-

                   tions 126(2), 115(2), 118(1), 109(1), 352, 351(2) and 3(5) of the

                   BNS.

                                3. The allegation in the First Information Report is

                   that the petitioners along with others had tried to inflict sickle

                   blow over the neck of the informant and they snatched away her

                   belongings.

                                4. Learned counsel for the petitioners submits that the
                          Patna High Court CR. MISC. No.68354 of 2025(3) dt.17-01-2026
                                              2/2




            informant namely Nirmala Devi got simple injury on head by

            hard and blunt substance. It is further submitted that there is

            case and counter-case between the parties and only one grievous

            injury was caused by one Rahul Kumar.

                          5. The application for anticipatory bail is opposed by

            learned A.P.P. for the State.

                          6. Taking into consideration the facts and circum-

            stances of the case and considering the simple nature of injuries

            attributed to these petitioners and there is case and counter case

            between the parties, let the petitioners, above named, in the

            event of their arrest or surrender before the learned Court below

            within a period of four weeks, be released on anticipatory bail in

            connection with Kuchaikote P.S. Case No. 85 of 2025 on fur-

            nishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each

            with two sureties of the like amount each to the satisfaction of

            the learned Chief Judicial Magistrate, Gopalganj, subject to the

            condition laid down under Section 438(2) of the Code of Crimi-

            nal Procedure/Section 482(2) of the B.N.S.S, 2023 and subject

            to the further condition that they shall co-operate in investiga-

            tion/trial.


                                                       (Soni Shrivastava, J)
Vikash/-
U       T

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