Patna High Court
Ramesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
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
- B.N.S., 2023 — s. 115(2), 117(2), 126(2), 303(2), 3(5), 352
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438
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
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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.
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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
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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
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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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