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Patna High Court

Ramesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners, subject to conditions, under Section 438 CrPC read with Section 482(2) B.N.S.S.

Summary

The petitioners, Ramesh Kumar and his son Rishabh Anand, applied for anticipatory bail fearing arrest in a case registered under Sections 126(2), 115(2), 117(2), 352, 303(2) and 3(5) of the B.N.S., 2023 for allegedly assaulting an informant with bricks. The informant claimed the assault caused grievous injuries, but the petitioners argued that the medical report showed only minor abrasions and a non‑vital fracture, contending that the FIR was false and that they have a clean antecedent. The State opposed the bail, asserting that the assault was brutal and resulted in grievous injury. The Court examined the evidence, the nature of the alleged injuries, and the statutory provisions governing anticipatory bail. It granted anticipatory bail subject to stringent conditions, including bail bonds, sureties, personal appearance in court, and verification of criminal antecedents. The order disposed of the application and clarified that its observations would not affect the trial.

Issues considered

  • Whether the petitioners are entitled to anticipatory bail under Section 438 of the CrPC in view of the alleged assault and alleged grievous injury.
  • Whether the nature of the injuries disclosed in the medical report negates the charge of grievous hurt under the B.N.S., 2023.
  • Whether the petitioners’ clean antecedent and the circumstances justify the grant of bail despite the State’s opposition.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Section 482 B.N.S.S.
  • assault
  • grievous injury
  • bail conditions
  • Bihar Narcotic Substances Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.77845 of 2025
                   Arising Out of PS. Case No.-203 Year-2025 Thana- PATRAKARNAGAR District- Patna
                 ======================================================
           1.     Ramesh Kumar S/O Late Brijnandan Prasad R/O Mohalla- Mahavir Nagar,
                  Hanuman Nagar, Kankarbagh, P.S.- Patrakarnagar, District- Patna
           2.    Rishabh Anand @ Shani Kumar @ Rishav Anand S/O Mr. Ramesh Kumar
                 R/O Mohalla- Mahavir Nagar, Hanuman Nagar, Kankarbagh, P.S.-
                 Patrakarnagar, District- Patna

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr. Vaishnavi Singh, Advocate
                 For the State           :       Ms. Rina Sinha, Advocate
                 For the Informant       :       Mr. Binod Kumar Singh, Advocate
                                                 Ms. Kumari Chanda, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

3   21-01-2026                    Heard learned counsel for the petitioners, learned

                   A.P.P. for the State and the learned counsel for the

                   Informant.

                                 2. Petitioners apprehend their arrest in connection

                   with Patrakarnagar P.S. Case No. 203 of 2025 registered for

                   the offences under Sections 126(2), 115(2), 117(2), 352,

                   303(2) and 3(5) of the B.N.S., 2023.

                                 3. As per the prosecution case, the informant has

                   alleged that the petitioners and others had brutally assaulted

                   the informant with bricks, causing grievous injury.

                                 4. The learned counsel for the petitioners submit
Patna High Court CR. MISC. No.77845 of 2025(3) dt.21-01-2026
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          that from the perusal of the F.I.R., it would be evident that

          the allegations of assault by the petitioners with bricks,

          despite the fact that they are stated to have been armed with

          lathi, danda and brick. It has further been submitted that the

          injuries caused to the injured Pawan Kumar does not

          corroborate the allegations levelled in the F.I.R. and in fact,

          from perusal of the injury report, which has been brought

          on record by way of Annexure-P/4, it would be evident that

          there were three injuries found which are abrasion on left

          forehead, abrasion on occipital region of scalp and abrasion

          of left index finger and after the x-ray was done of the head

          and the left foot and from perusal of the same, it would be

          evident that there was no fracture found in the findings after

          the x-ray of the head while the finding arrived at the x-ray

          of left foot and hand fracture was seen and the same was

          referred to as grievous. It has further been submitted that

          even if that injury is caused the same is on the non-vital part

          of the body which cannot be said to be fatal. It has next

          been submitted that petitioner no. 1 himself is an old man

          and he has falsely been implicated where there was case and

          counter case and the F.I.R. was lodged by the petitioner no.
Patna High Court CR. MISC. No.77845 of 2025(3) dt.21-01-2026
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          1. It has lastly been submitted that the petitioners carry

          clean antecedent

                       5. Learned APP for the State as well as the learned

          counsel appearing on behalf of the O.P. No. 2 have

          vehemently opposed the prayer for anticipatory bail. It has

          been submitted that the petitioners have brutally assaulted

          the informant causing grievous injury for which medical

          examination was done. It has been submitted that the

          petitioners as well as informant side are in dispute with

          regard to certain passage and on account of such the present

          incident had occurred and the petitioners should not be

          granted the liberty of anticipatory bail.

                       6. Considering the aforesaid submission, facts and

          circumstances of the case, let the petitioners above named

          be released on anticipatory bail, in the event of arrest or

          surrender before the learned Court below within a period of

          four weeks from today, on furnishing bail bonds of

          Rs.10,000/-(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 Patrakarnagar P.S. Case No. 203 of 2025 subject to the
Patna High Court CR. MISC. No.77845 of 2025(3) dt.21-01-2026
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          conditions as laid down under Section 438(2) of the Code of

          Criminal Procedure read with corresponding Section 482(2)

          of B.N.S.S. as well as subject to the following conditions:-

                          (i) One of the bailors of the petitioners shall be

                          their close relative.

                          (ii) The petitioners shall remain physically

                          present in Court on each date of the trial.

                          (iii) In case of absence on two consecutive

                          dates, or in violation of the terms of the bail, the

                          bail bond of the petitioners will be liable to be

                          cancelled by the Court concerned.

                          (iv) If the petitioners are found involved in

                          similar nature of offence in future, the

                          prosecution shall be at liberty to move for

                          cancellation of his bail bond.

                          (v) The learned Court below shall verify the

                          criminal antecedent of the petitioners and in

                          case at any stage it is found that the petitioners

                          have concealed their criminal antecedents, the

                          court below shall take step for cancellation of

                          bail bond of the petitioner. However, the
           Patna High Court CR. MISC. No.77845 of 2025(3) dt.21-01-2026
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                                     acceptance of bail bonds in terms of the above-

                                     mentioned order shall not be delayed for

                                     purpose of or in the name of verification.

                                  7. Accordingly, the present application stands

                     disposed of.

                                  8. It is made clear that the observations, if any,

                     made in this order, shall be of no bearing during the trial.



                                              (Sourendra Pandey, J)
aditya/-

U


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