Patna High Court
Udal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioners subject to the conditions specified under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
Udal Kumar and Kundan Kumar were implicated in a case (PS. Case No. 277 of 2024) for offences under IPC sections 147, 149, 341, 323, 307, 325 and 504, alleging assault on an informant and his family. The petitioners applied for anticipatory bail, asserting that the injuries were simple, the assault allegations were general, and they have a clean antecedent. The State opposed the bail. The Court examined the nature of the accusations, the extent of injuries, and the petitioners' clean record. Considering these factors, the Court granted anticipatory bail, directing that if arrested within eight weeks they may be released on a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order also directed compliance with the Judicial Magistrate, 1st Class, Gaya.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 despite the seriousness of the offences alleged under the IPC.
- Whether the petitioners' clean antecedent and the simple nature of the alleged injuries justify the grant of anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Subjects
- anticipatory bail
- Indian Penal Code
- assault
- clean antecedent
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72161 of 2025
Arising Out of PS. Case No.-277 Year-2024 Thana- KONCH District- Gaya
======================================================
1. Udal Kumar S/o- Ashok Paswan @ Ashok Gahlot Resident of Village-
Magrour, P.S. Konch, District- Gaya
2. Kundan Kumar S/o- Ashok Paswan @ Ashok Gahalot Resident of Village-
Magrour, P.S. Konch, District- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Sharma, Advocate
For the Opposite Party/s : Mr. Binod Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 05-02-2026 Heard learned counsel for the petitioners and the
State.
2. Petitioners apprehend arrest in a case registered for
the offences punishable under Sections 147, 149, 341, 323, 307,
325 and 504 of the Indian Penal Code.
3. As per the prosecution case, these petitioners along
with other accused persons assaulted informant and his family
members due to which they sustained injuries.
4. Learned counsel for the petitioners submits that
injuries sustained by the injured are simple in nature. Allegation
of assault is general and omnibus against these petitioners.
Petitioner claims clean antecedent.
Patna High Court CR. MISC. No.72161 of 2025(2) dt.05-02-2026
2/2
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the nature of accusation, injuries and
clean antecedent, this anticipatory bail is allowed and it is
ordered that let the above named petitioners in the event of their
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond
of Rs. 10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of Judicial Magistrate, 1st Class,
Gaya in connection with Konch P. S. Case No. 277 of 2024,
subject to condition as laid down under Section 482(2) of the
Bharatiya Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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