Patna High Court
Umesh BaharakherversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that bail be granted to the petitioner subject to a bond and conditions under Section 482(2) of the BNS, 2023.
Summary
The petitioner, Umesh Baharkher, sought bail fearing arrest in a case registered under multiple sections of the Bharatiya Nagarik Suraksha Sanhita (BNS). The prosecution alleged that on 21 March 2025 the petitioner, along with others, assaulted an informant's wife with lathi and danda and stole cash and jewellery. The petitioner contended that the assault allegation was vague, the theft charge was a super‑addition, there was no injury report, and he had a clean antecedent. The State opposed bail. Considering the petitioner’s clean antecedent, the lack of concrete injury evidence, and the circumstances, the court ordered bail on a bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the BNS, 2023.
Issues considered
- Whether bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 despite the charges of assault and theft.
- Whether the allegations constitute a sufficient ground to deny bail.
- Whether the petitioner’s clean antecedent and lack of injury report justify the grant of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2), 351(3), 482(2), 76
Subjects
- bail
- criminal procedure
- assault
- theft
- clean antecedent
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.782 of 2026
Arising Out of PS. Case No.-64 Year-2025 Thana- PRATAPGANJ District- Supaul
======================================================
Umesh Baharakher Son of Late Mahendra Baharkher Resident of Bhawanipur
North, Ward No. 4, P.S.- Pratapganj, Dist.- Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Madan Mohan, Advocate
Mr. Rahul Rai , Advocate
For the Opposite Party/s : Mr. Nitya Nand Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 21-01-2026 Heard learned counsel for the petitioner and the
State .
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under sections 126 ( 2 ), 115 ( 2 ),
109, 76, 303 ( 2 ), 351 ( 2 ), 351 (3) and 3 (5) of BNS.
3 . The prosecution case , in brief, is that on
21.03.2025, wife of informant had gone to collect cow dung
cake , in the meantime , this petitioner along with other F.I.R.
named accused persons assaulted her by means of lathi and
danda and also snatched cash and jewellery from her.
4. It is submitted on behalf of the petitioners that
allegation of assault Is general and omnibus against these
petitioner. Allegation of theft is super addition and there is no
Patna High Court CR. MISC. No.782 of 2026(2) dt.21-01-2026
2/2
injury report on record to suggest that any injury was caused.
Petitioner claims clean antecedent.
5 . Learned counsel for the State opposed the bail
petition .
6. Considering the aforesaid facts, clean antecedent
of the petitioner and other circumstances of the case , in the
event of arrest or surrender within eight weeks from today, let
the petitioner, as named above, be enlarged on bail on furnishing
bail bond of Rs.10,000/-(ten thousand) with two sureties of the
like amount each to the satisfaction of the learned Cjm Supaul
in connection with Pratapganj P.S. Case No. 64 of 2025 ,
subject to the conditions laid down under section 482(2) of the
Bharatiya Nagarik Suraksha Sanhita , 2023 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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