Patna High Court
Akash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court granted anticipatory bail to the petitioners with specified conditions.
Summary
The petitioners, Akash Kumar and Ankit Kumar, applied for anticipatory bail after being named in a FIR alleging offences under several sections of the B.N.S., including assault and attempted murder. They argued that the allegations were largely general, that no pistol was fired and thus no intention to kill existed, and that the injuries were simple. The State opposed the bail, contending the seriousness of the charges. The court examined the nature of the allegations, noting that the primary accusation was against another family member, Rajesh Sah, and that the petitioners' alleged conduct did not amount to grievous injury or intent to kill. Consequently, the court granted anticipatory bail to both petitioners, subject to a bond of Rs.10,000 with two sureties, a family member as a bailor, and cooperation with the investigation, with the power to cancel bail for non‑cooperation.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under Sections 438(2) Cr.P.C. and 482(2) B.N.S.S.
- Whether the allegations against the petitioners constitute offences under the cited sections of the B.N.S.
- Whether the nature of the alleged assault and lack of intent to kill negate the applicability of Section 109 B.N.S.
Legislation cited
Subjects
- anticipatory bail
- Criminal Procedure Code
- B.N.S. offences
- assault
- intent to kill
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7390 of 2026
Arising Out of PS. Case No.-175 Year-2025 Thana- Babarganj District- Bhagalpur
======================================================
1. Akash Kumar Son of Rajesh Kumar Sah @ Rajesh Sah R/o Village/
Mohalla- Kalisthan Domasi Road, Mohar Teli Lane, Ward No. 42, P.S.-
Babarganj, District- Bhagalpur
2. Ankit Kumar Son of Rajesh Kumar Sah @ Rajesh Sah R/o Village/ Mohalla-
Kalisthan Domasi Road, Mohar Teli Lane, Ward No. 42, P.S.- Babarganj,
District- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashutosh Kumar
For the Opposite Party/s : Mr.Madhuri Lata
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in a
case registered for the offence punishable under Sections
126(2), 115(2), 117(2), 303(3), 109, 352, 351(2) and (3), 3(5) of
the B.N.S.
3. Allegation in the first information report is that all
the accused persons including the present petitioners came
variously armed and indulged in abuses and assault causing
injuries.
4. Learned counsel for the petitioners submits that the
allegations against the petitioners are by and large general and
Patna High Court CR. MISC. No.7390 of 2026(2) dt.04-02-2026
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omnibus and as many as 5 persons of the same family have been
made accused. It is submitted that the allegation against the
petitioner no. 1 is that he was armed with a pistol, however, the
very fact of none use of pistol for the purposes of firing
indicates that the allegation of Section 109 of the BNS would
not be made out as there could not have been intention to kill. It
is further submitted that so far as the petitioner no. 1 is
concerned, he is said to have assaulted the informant by the butt
of the pistol but the injury reports of both the injured persons
would show that they have sustained simple injuries. So far as
petitioner no. 2 is concerned, there is no specific allegation of
assault upon him and the main allegation of assaulting Amit
Kumar causing grievous injuries to him is imputed upon co-
accused Rajesh Sah.
5. Learned APP for the State has opposed the
application for anticipatory bail.
6. Taking into consideration the facts and
circumstances and also considering the fact that the allegations
against petitioner no. 2 are general and omnibus in nature and
the allegation imputed against petitioner no. 1 does not involve
causing of any grievous injury coupled with the fact that thrust
of the allegations is against Rajesh Sah, let the above named
Patna High Court CR. MISC. No.7390 of 2026(2) dt.04-02-2026
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petitioners, in the event of their arrest or surrender before the
learned Court below within a period of four weeks from today,
be enlarged on bail on furnishing bail bond of Rs.10,000/-
(Rupees Ten Thousand) each with two sureties of the like
amount each to the satisfaction of the learned court below where
the case is pending/successor court in connection with
Babarganj P.S. Case No. 175 of 2025, subject to the condition as
laid down under Section 438 (2) of the Cr.P.C./482(2) of the
B.N.S.S., subject to the conditions that:
(I) One of the bailors would be the family member
or relative.
(II) The petitioners would cooperate in the
investigation/trial and if the petitioners do not cooperate, the
learned court below would be at liberty to cancel their bail
bonds.
(Soni Shrivastava, J)
devendra/-
U T
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