Patna High Court
Ankush KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
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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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