Patna High Court
Prince KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail is granted as the petitioner is not specifically implicated and possesses a clean antecedent, satisfying the criteria under Section 482(2) of the B.N.S., 2023.
Summary
The petitioner, an 18‑year‑old with a clean record, applied for anticipatory bail after being implicated in a FIR alleging multiple offences under the Bihar Non‑Specific Act, 2023. The FIR described a violent incident in which several accused, including the petitioner, were said to have assaulted the informant’s family members, but the statement of the injured father‑in‑law specifically identified another accused, Gaurav Yadav, as the assailant. The petitioner argued that he was falsely implicated, that the evidence did not name him, and that his arrest would jeopardise his future. The State opposed bail but conceded that the statement did not implicate the petitioner. The Court, considering the petitioner’s youth, clean antecedent, and the lack of direct accusation against him, granted anticipatory bail subject to a bond and sureties under Section 482(2) of the B.N.S., 2023. The order also imposed standard bail conditions.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the B.N.S., 2023 despite the FIR alleging his participation.
- Whether the absence of a specific allegation against the petitioner in the victim’s statement warrants bail.
Legislation cited
- Bihar Non‑Specific Act — s. 109, 115(2), 117(2), 118(1), 126(2), 180, 3(5), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- false implication
- clean antecedent
- minor
- Section 482
- Section 180
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77999 of 2025
Arising Out of PS. Case No.-289 Year-2025 Thana- NARPATGANJ District- Araria
======================================================
Prince Kumar S/o Arun Yadav Resident of Village- Kanhaili, Ward No. 06,
P.S.- Narpatganj, District- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Vijay Kishore Bharti, Advocate
For the State : Mr. Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
4 16-02-2026 Heard learned counsel for the petitioner and Mr.
Rabindra Kumar, learned APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offences punishable under Sections 126(2), 115(2),
117(2), 118(1), 109, 352, 351(2) and 3(5) of B.N.S., 2023.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and is a young boy,
aged about 18 years, and the informant alleges that accused
persons came on her land and were ploughing, accordingly, the
police was informed, thus they left, but after sometime, 12
named accused persons including the petitioner came and Raj
Kishore Yadav gave orders to assault thereafter Naresh Yadav
and Arun Yadav caught her and Gaurav Yadav assaulted her by
farsa causing injury on head, while Prince Kumar assaulted her
Patna High Court CR. MISC. No.77999 of 2025(4) dt.16-02-2026
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father-in-law Anmol Yadav by sword causing injury on head,
thereafter Arun Yadav assaulted her husband Sunil Kumar
repeatedly by farsa causing injury on head, next alleges that on
account of assault, her nose fractured while her father-in-law
suffered fracture of left hand and Kumita Devi snatched her
chain and Amit Kumar also assaulted.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant. It is next submitted that from perusal of the
allegations, as alleged in the FIR, it would manifest that
petitioner is alleged to have assaulted the father-in-law of the
informant causing injury on head. It is next submitted that injury
report of father-in-law of the petitioner is annexed as Annexure-
2 to the anticipatory bail application and from perusal of the
same, it would manifest that Anmol Yadav suffered grievous
injury. It is also submitted that statement of Anmol Yadav was
recorded during the course of investigation at para-11 of the
case diary and from perusal of the same, it would manifest that
he has not stated that it was Prince Kumar who assaulted him
causing injury on head rather has made a specific statement that
it was Gaurav Yadav who assaulted him causing injury. It is
further submitted that if the statement of Anmol Yadav is read in
Patna High Court CR. MISC. No.77999 of 2025(4) dt.16-02-2026
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its entirety, then also, it will transpire that no specific allegation
is alleged against Prince Kumar, i.e., the petitioner herein. It is
reiterated and submitted that petitioner is a person with clean
antecedent and is a young boy, aged about 18 years, and the
injured himself, in his statement recorded under Section 180
B.N.S.S., has not alleged anything against the petitioner, as
such, if petitioner is sent to judicial custody, his entire career
would get jeopardized and chances are bright that he may come
in contact with hardened criminals.
5. Learned APP opposes the anticipatory bail
application but then fairly submits that from perusal of para-11
of the case diary, it would manifest that Anmol Yadav has not
stated that this petitioner assaulted him rather has stated that he
was assaulted by Gaurav Yadav.
6. Considering the submissions made by the learned
counsel for the petitioner and also taking into consideration the
fact that petitioner is a young boy, aged about 18 years and is a
person with clean antecedent and the injured has not named him
as one who assaulted, let petitioner, above-named, in the event
of his arrest or surrender within a period of six weeks from
today, be released on bail on furnishing bail bond of Rs.10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.77999 of 2025(4) dt.16-02-2026
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each to the satisfaction of learned Chief Judicial Magistrate,
Araria in connection with Narpatganj P.S. Case No.289 of 2025,
subject to the conditions as laid down under Section 482(2) of
the B.N.S.S.
(Satyavrat Verma, J)
Sanjay/-
U T
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