Patna High Court
Ganesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted anticipatory bail to the petitioners subject to the stipulated conditions.
Summary
The petitioners, Ganesh Kumar and Nathuni Sah, sought anticipatory bail fearing arrest in a case registered under multiple sections of the B.N.S. The FIR alleged that they, along with others, entered the informant's house armed, assaulted the informant and her mother‑in‑law, and caused injuries. The petitioners contended that the injuries were simple, that there was a case‑and‑counter‑case with injuries on both sides, and that the informant's side were the real aggressors. The State opposed the bail application. Considering the nature of the injuries, the existence of a case‑and‑counter‑case, and the circumstances, the Court ordered that the petitioners be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties each, within four weeks, subject to conditions under Section 438(2) Cr.P.C. and Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail under Section 438 Cr.P.C. is warranted in view of the alleged offences under the B.N.S.
- Whether the nature of injuries and the presence of a case‑and‑counter‑case justify granting bail
- Whether conditions under Section 482(2) of the B.N.S.S. are applicable
Legislation cited
- B.N.S. — s. 109(1), 115(2), 118(1), 126(2), 303(2), 308(3), 3(5), 351(2), 352
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 B.N.S.S.
- case and counter case
- simple injuries
- criminal procedure
- bail conditions
- assault
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7424 of 2026
Arising Out of PS. Case No.-122 Year-2025 Thana- NATIONAL HIGHWAY District-
Samastipur
======================================================
1. Ganesh Kumar S/O Nathuni Sah R/O Vill.- Mohiuddinpur, Rajwa, P.s.-
Bangra, Dist.- Samastipur
2. Nathuni Sah S/O Late Santlal Sah R/O Vill.- Mohiuddinpur, Rajwa, P.s.-
Bangra, Dist.- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shubhesh Pandey
For the Opposite Party/s : Mr.Kumar Veerendra Narayan
======================================================
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 petitioner are apprehending their arrest in a
case registered for the offence punishable under Sections
115(2), 126(2), 109(1), 118(1), 303(2), 308(3), 351(2), 352, 3(5)
of the B.N.S.
3. Allegation in the first information report is that all
the FIR named accused persons including the petitioners came
variously armed by barging into the house of the informant and
indulged in abuses and assault causing injuries.
4. Learned counsel for the petitioners submits that the
specific allegation against petitioner no. 1 is that he inflicted a
Patna High Court CR. MISC. No.7424 of 2026(2) dt.04-02-2026
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knife blow on the informant causing injuries on her hand, back
and head while petitioner no. 2 is said to have assaulted the
informant’s mother-in-law with Paghariya on her head, however,
the injuries of both the informant and her mother-in-law appear
to be simple in nature caused by hard and blunt object as would
be evident from the injury report annexed as Annexure-2. It has
also been submitted that there is case and counter case and as a
matter of fact, it was the informant side which was the real
aggressors and the injuries have been sustained on the side of
the petitioners also.
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 injuries
attributable to these petitioners are simple in nature coupled
with the existence of case and counter case leading to injuries
on both the sides, let the above named 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
Patna High Court CR. MISC. No.7424 of 2026(2) dt.04-02-2026
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court in connection with N.H. Bangra P.S. Case No. 122 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.
(Soni Shrivastava, J)
devendra/-
U T
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