Patna High Court
Atul Anjan @ PhuloversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
The Court granted bail to the petitioner, subject to a cash bond, sureties, and conditions under Section 482(2) of the B.N.S.S. 2023.
Summary
The petitioner, Atul Anjan, sought bail in a case registered under Sections 126(2), 115(2), 109(1), 303(2), 352 and 3(5) of the B.N.S., 2023, alleging that he was falsely implicated in an assault and theft of a gold chain. He claimed innocence, asserted that the incident was a simple hurt case, and stated he had no prior criminal record or earlier bail applications. The State opposed the bail, arguing the seriousness of the offences. The Court examined the nature of the charges, the petitioner’s claim of no antecedents, and the absence of a prior bail petition, and decided to grant bail with a cash bond of Rs. 10,000 and two sureties, subject to conditions under Section 482(2) of the B.N.S.S. 2023. The order also provided for cancellation of bail if the petitioner concealed any criminal antecedents or misrepresented facts about a prior bail petition.
Issues considered
- Whether bail should be granted to the petitioner pending trial for offences under Sections 126, 115, 109, 303, 352 and 3 of the B.N.S., 2023.
- Whether the alleged assault and theft constitute a case of simple hurt, affecting bail eligibility.
- Whether the petitioner’s claim of no criminal antecedents and no prior bail application is credible.
- Whether Section 109 of the B.N.S., 2023 is applicable to the facts.
- Whether the conditions under Section 482(2) of the B.N.S.S. 2023 justify granting bail.
Legislation cited
- B.N.S., 2023 — s. 109(1), 115(2), 126(2), 303(2), 3(5), 352
- B.N.S.S., 2023 — s. 482(2)
Subjects
- bail
- anticipatory bail
- criminal antecedents
- simple hurt
- assault
- theft
- Section 126
- Section 115
- Section 109
- Section 303
- Section 352
- Section 3
- Section 482
- B.N.S. 2023
- B.N.S.S. 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76818 of 2025
Arising Out of PS. Case No.-261 Year-2025 Thana- BEGUSARAI MUFFASIL District-
Begusarai
======================================================
Atul Anjan @ Phulo S/O Rajesh Kumar @ Rajesh Kumar Singh Resident of
Village- Ratanpur, P.S.- Ratanpur, District- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashank Shekhar, Advocate
Mr. Mukul Kumar, Advocate
For the State : Mr. Anish Chandra, APP
For the Informant : Mr. Arvind Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
3 24-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail, apprehending his arrest,
in connection with Begusarai Muffasil P.S. Case No. 261 of
2025, dated 27.07.2025, registered for the offences punishable
under Sections 126(2), 115(2), 109(1), 303(2), 352 and 3(5) of
B.N.S., 2023.
3. As per allegation, the petitioner and other co-
accused assaulted the son of the informant and took away a
golden chain worth Rs. 3,50,000/-.
4. Learned counsel for the petitioner submits that the
Petitioner is innocent and has falsely been implicated in this
case. He further submits that the occurrence took place on
Patna High Court CR. MISC. No.76818 of 2025(3) dt.24-02-2026
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account of previous land dispute and Section 109 is not
applicable. It is a case of simple hurt because as per the injury
report, the alleged injury is simple in nature caused by hard and
blunt substance.
5. It is also stated in paragraph no. 2 of the bail
petition that the petitioner has not moved this Court earlier
either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the
bail petition that the petitioner has no criminal antecedents.
7. However, learned APP for the State vehemently
opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances,
this petition is allowed, directing the petitioner, above-named,
to be enlarged on bail, in the event of his arrest or surrender
before the court below within a period of eight weeks from the
date of receipt / production of a copy of this order, on his
furnishing bail bonds in the sum of Rs. 10,000 /- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned concerned Court below, in connection
with Begusarai Muffasil P.S. Case No. 261 of 2025, subject to
the conditions as laid down under Section 482 (2) of the
B.N.S.S 2023, and on the following conditions:
Patna High Court CR. MISC. No.76818 of 2025(3) dt.24-02-2026
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(i) In case, it is brought to the notice of the court
below that the petitioner has any criminal antecedents, learned
court below shall cancel the bail bonds of the petitioner after
hearing him and getting satisfied that the petitioner has
concealed his criminal antecedents despite his knowledge of the
same.
(ii) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong,
learned court below shall cancel the bail bonds of the petitioner.
(Jitendra Kumar, J)
shoaib/-
U T
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