Patna High Court
Pradeep Kumar @ Sono KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The court held that, owing to the conflicting FIRs and absence of a clear prima facie case, the petitioners are entitled to anticipatory bail under Section 482(2) of the Bharatiya Nyaya Sanhita, 2023.
Summary
The petitioners, a group of villagers, sought anticipatory bail after an FIR (Bodhgaya PS Case No. 353 of 2025) alleged they assaulted an informant’s family with weapons, invoking multiple offences under the Bharatiya Nyaya Sanhita, 2023. The petitioners contended they were innocent, arguing that the alleged scuffle occurred on 13 May 2025 and that the FIR was filed on 19 May 2025 to pre‑empt a counter‑case they had filed on 15 May 2025. The State opposed bail, but highlighted that both sides had lodged FIRs for the same incident, indicating a dispute over facts. The Court examined the conflicting FIRs, the lack of clear evidence of guilt, and the provisions of Section 482(2) of the B.N.S.S., 2023, concluding that anticipatory bail was appropriate. Consequently, the petitioners were released on anticipatory bail subject to a bond of Rs.30,000 and conditions prescribed by law.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under Section 482(2) of the Bharatiya Nyaya Sanhita, 2023 in view of the FIR and alleged offences.
- Whether the FIR filed by the informant’s side is bona fide given the existence of a counter‑FIR filed by the petitioners.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 190, 191(2), 191(3), 2(1)(d), 351(2), 351(3), 352, 482(2)
Subjects
- anticipatory bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- FIR
- conflicting complaints
- Section 482
- Section 2(1)(d)
- pre‑emptive bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74651 of 2025
Arising Out of PS. Case No.-353 Year-2025 Thana- BODHGAYA District- Gaya
======================================================
1. Pradeep Kumar @ Sono Kumar Son of Dhananjay Kumar Resident of
village- Kazrailli, Ps- Bodhgaya, dist- Gaya
2. Raja Kumar Son of shambhu Yadav Resident of village- Kazrailli, Ps-
Bodhgaya, dist- Gaya
3. Shambhu yadav son of Ganauri Yadav Resident of village- Kazrailli, Ps-
Bodhgaya, dist- Gaya
4. Ranjit Kumar Son of shiv yadav Resident of village- Kazrailli, Ps-
Bodhgaya, dist- Gaya
5. Shiv Yadav Son of Late Bhuneshwar yadav Resident of village- Kazrailli,
Ps- Bodhgaya, dist- Gaya
6. Kamdeo Yadav Son of Ram Briksh yadav Resident of village- Kazrailli, Ps-
Bodhgaya, dist- Gaya
7. Dhananjay Yadav son of Ganauri Yadav Resident of village- Kazrailli, Ps-
Bodhgaya, dist- Gaya
8. Sadhu Yadav son of Late Bhuneshwar Yadav Resident of village- Kazrailli,
Ps- Bodhgaya, dist- Gaya
9. Santosh Kumar son of shiv Yadav Resident of village- Kazrailli, Ps-
Bodhgaya, dist- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aryan Singh, Advocate
For the Opposite Party/s : Mr. Mukesh Kumar Singh, A.P.P
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
3 19-03-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners are apprehending arrest in
connection with Bodhgaya P.S. Case No. 353 of 2025 lodged on
19.05.2025, for the offence punishable under Sections 191(2),
191(3), 190, 126(2), 115(2), 118(1), 109, 352, 351(2), 351(3) of
Patna High Court CR. MISC. No.74651 of 2025(3) dt.19-03-2026
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the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution, FIR has been lodged against
20 named accused persons including the present petitioners. It
has been alleged in the FIR that all the accused persons armed
with lathi, danda, iron rod entered in the house of the informant
and assaulted them due to which series of persons were injured
and thereafter, admitted to the hospital. After treatment, the
present FIR has been lodged.
4. Learned counsel for the petitioners submit that the
petitioners are innocent and have committed no offence.
Counsel submits that from the contents of the FIR, it become
crystal clear that the alleged scuffling took place on 13.05.2025,
but the present FIR has been lodged on 19.05.2025. Counsel
submits that the present FIR has been filed by the informant’s
side with a view to save the skin from the case filed by the
petitioners’ side bearing Bodhgaya P.S. Case No. 337 of 2025
alleged for the same date and place of occurrence. Counsel
further submits that the petitioner’s side filed case on
15.05.2025 and when the informant’s side received information
about the said case, then with a view to defend, they have filed
case on 19.05.2025. Counsel submits that the petitioners have
one criminal antecedent and the petitioners’ side and the
Patna High Court CR. MISC. No.74651 of 2025(3) dt.19-03-2026
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informant’s side are resident of the same village. Counsel
submits that as per the FIR lodged from the petitioners’ side, it
is clear that on 13.05.2025, the marriage was going on in which
the informant’s side have assaulted the barati members, due to
which scuffling took place.
5. Learned APP for the State opposes the prayer for
bail of the petitioners but fairly submits that from the record, it
transpires that for the same date and place of occurrence,
scuffling took place from both the sides.
6. As such, in the present facts and circumstances of
this case, let the above named petitioners be released on
anticipatory bail, in the event of arrest or surrender before the
Trial Court within a period of 4 weeks from today, on furnishing
bail bond of Rs.30,000/- (Rupees Thirty Thousand) each as
mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the
satisfaction of Chief Judicial Magistrate, Gaya, in connection
with Bodhgaya P.S. Case No. 353 of 2025, subject to the
conditions as laid down U/s 482(2) of the B.N.S.S., 2023.
(Dr. Anshuman, J)
Divyansh/-
U T
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