Patna High Court
Pradeep KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the application for anticipatory bail, granting bail to the petitioners subject to conditions under Section 482(2) of the BNSS.
Summary
Petitioners Pradeep Kumar and Kuldeep Kumar, accused in Simri Bakhtiyarpur P.S. Case No. 122 of 2025 for offences under several sections of the Bharatiya Nyaya Sanhita, 2023, sought anticipatory bail fearing arrest. The State opposed the bail on the ground of alleged assault causing injuries to the victim. The court examined the injury report and noted that the injuries were simple and the petitioners had a clean antecedent. Considering these factors, the court granted anticipatory bail, directing the petitioners to surrender within four weeks and furnish bail bonds of Rs.10,000 each with two sureties, subject to conditions under Section 482(2) of the BNSS. The order thus releases the petitioners on bail pending further proceedings.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the Bharatiya Nyaya Sanhita, 2023.
- Whether the nature of the alleged injuries and the petitioners' antecedents justify the grant of bail.
- Whether Section 482(2) of the Bharatiya Nyaya Sanhita, 2023, is applicable for imposing conditions on anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 303(2), 308(2), 3(5), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- assault
- simple injuries
- bail conditions
- Section 482(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72046 of 2025
Arising Out of PS. Case No.-122 Year-2025 Thana- SIMRI BAKHTIYARPUR District-
Saharsa
======================================================
1. Pradeep Kumar S/O Bilash Ram @ Vilash Ram R/O Vill.- Barewa Tola, P.S-
Simri Bakhtiyarpur, Dist- Saharsa.
2. Kuldeep Kumar S/O Bilash Ram @ Vilash Ram R/O Vill.- Barewa Tola,
P.S- Simri Bakhtiyarpur, Dist- Saharsa.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Chandra Mohan Jha
For the Opposite Party/s : Mr. Narsingh Tanti
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 21-01-2026 Heard the learned counsel for the petitioners and
learned counsel for the State.
2. The petitioners apprehend arrest in connection with
Simri Bakhtiyarpur P.S. Case No. 122 of 2025 registered for
offences under Sections 126(2), 115(2), 118(1), 303(2), 109,
308(2), 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita,
2023.
3. As per the prosecution case, the parties have fought
and the allegation against the petitioners is of assaulting the
victim causing injuries.
4. Learned counsel for the petitioners submits that the
petitioners are quite innocent and have not committed any
Patna High Court CR. MISC. No.72046 of 2025(4) dt.21-01-2026
2/2
offence. The petitioners have clean antecedent.
5. Learned APP for the State has vehemently opposed
the prayer for bail.
6. Considered the submissions of the parties. From the
injury report, it appears that the injuries are simple in nature.
7. In view of the above, this application for
anticipatory bail is allowed.
8. Accordingly, let the petitioners, above-named, in
the event of their arrest or surrender within four weeks from
today in the Court below, be released on 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 learned
Chief Judicial Magistrate, Saharsa /concerned court below in
connection with Simri Bhakhtiyarpur P.S. Case No. 122 of 2025
subject to the conditions as laid down under Section 482(2) of
the BNSS.
(Sandeep Kumar, J)
Shishir/-
U T
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