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Patna High Court

Ankush KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners subject to bail bonds and conditions under Section 482(2) of the BNS Act, 2023.

Summary

Ankush Kumar and Ganesh Kumar applied for anticipatory bail after being implicated in a case alleging assault and looting during a dispute over house construction. The informant claimed the petitioners attacked him with rods, causing injuries, and that a co‑accused used a pistol, while also alleging theft of household items. The petitioners argued they have clean records, the injuries were simple, and the alleged theft was merely ornamental, contending they were falsely implicated. The State opposed the bail, citing offences under Sections 115(2), 117(2), 109(1), 303(2), 351(2), 352 and 3(5) of the Bihar Non‑Specific Act, 2023. The Court, after considering the submissions, ordered that the petitioners be released on anticipatory bail upon furnishing bail bonds and sureties, subject to conditions under Section 482(2) of the Act. The anticipatory bail application was therefore allowed.

Issues considered

  • Whether the petitioners are entitled to anticipatory bail despite the serious charges under the BNS Act, 2023
  • Whether the alleged injuries and alleged looting constitute offences warranting denial of bail

Subjects

  • anticipatory bail
  • false implication
  • assault
  • theft
  • Section 482
  • bail conditions
  • Bihar criminal law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.71813 of 2025
                       Arising Out of PS. Case No.-221 Year-2025 Thana- MOKAMAH District- Patna
                 ======================================================
           1.     Ankush Kumar S/o Sri Amar Singh Resident of vill- Shivnar, P.S- Mokama,
                  Distt.- Patna
           2.    Ganesh Kumar S/o Sri Amar Singh Resident of vill- Shivnar, P.S- Mokama,
                 Distt.- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Kumar Manglam, Advocate
                 For the Opposite Party/s :       Mr. Ram Bilash Roy Raman, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   11-03-2026                  1. Heard learned counsel for the petitioners and the

                   learned APP for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Sections 115(2),

                   117(2), 109(1), 303(2), 351(2), 352 and 3(5) of BNS, 2023.

                                3. Learned counsel for the petitioners submits that

                   petitioners are persons with clean antecedent and petitioner no.

                   1 is a young boy aged about 20 years and petitioner no. 2 is

                   aged about 30 years and the informant alleges that he was

                   constructing his house when accused persons including the

                   petitioners came along with 5-6 accused persons on 19.05.2025

                   at 9:00 P.M. and asked him to construct his house after leaving
Patna High Court CR. MISC. No.71813 of 2025(3) dt.11-03-2026
                                            2/3




          five feet, on objection, Amar gave order to kill, on which,

          Ganesh (petitioner no. 2) assaulted him on his head by rod

          causing injury, thereafter, Ankush (petitioner no. 1) assaulted

          him by rod causing injury on leg, thereafter Sonu assaulted

          Uttam by pistol on mouth causing injury and accused looted

          household articles.

                       4. Learned counsel for the petitioners submits that

          petitioners have been falsely implicated in the instant case by

          the informant and from perusal of the allegation as alleged in

          the F.I.R., it would manifest that it is alleged that petitioners

          assaulted the informant by rod causing injury on his leg and

          head respectively. It is next submitted that though it is alleged

          that Sonu assaulted Uttam by butt of pistol causing injury on

          mouth, but then F.I.R. is not under the Arms Act. It is also

          submitted that as far as petitioner no. 1 is concerned, allegation

          against him is of causing injury on non-vital part of the body. It

          is next submitted that injury suffered by the informant on his

          head alleged to be have been assaulted by Ganesh by rod has

          been opined to be simple in nature. The learned counsel next

          submits that he has a copy of the case diary and from perusal of

          Para-75 of the same, it would manifest that the same records

          that the informant suffered simple injury. It is next submitted
            Patna High Court CR. MISC. No.71813 of 2025(3) dt.11-03-2026
                                                        3/3




                      that as far as allegation of looting household articles is alleged,

                      the same is ornamental in nature. It is also submitted that

                      petitioners are not criminals and on account of dispute relating

                      to construction of house, the occurrence is alleged to have taken

                      place.

                                   5. Learned       A.P.P.     for    the   State   opposes   the

                      anticipatory bail application.

                                   6. Considering the submissions made on behalf of the

                      petitioners, the petitioners above-named, in the event of their

                      arrest or surrender within a period of six weeks from today, be

                      released on anticipatory bail on furnishing bail bonds of Rs.

                      10,000/- (Rupees Ten Thousand) each with two sureties of the

                      like amount each to the satisfaction of the learned trial court

                      where the case is pending/successor court in connection with

                      Mokama P.S. Case No. 221 of 2025, subject to the conditions as

                      laid down under Section 482 (2) of BNSS.

                                   7. Accordingly,         the    instant    anticipatory     bail

                      application stands allowed.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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