Patna High Court
Ishwar KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that, in the absence of a direct assault allegation against the petitioner and considering his clean antecedent, anticipatory bail should be granted subject to prescribed conditions.
Summary
Ishwar Kumar was named in an FIR for alleged assault arising from a neighbourhood dispute over a dog bite, with charges under several sections of the Bhartiya Nyay Sanhita, 2023. He applied for anticipatory bail, contending that he was falsely implicated, that the injury report was unreliable, and that the FIR only alleged he directed unknown co‑accused to assault, not that he personally assaulted anyone. The State opposed bail, asserting his active involvement in the incident. The court examined the nature of the allegations, the petitioner’s clean antecedent, and the lack of a direct assault charge against him. Concluding that the petitioner was not directly charged with assault and considering his clean record, the court ordered anticipatory bail with a bond of Rs.10,000 and two sureties, subject to surrender within four weeks and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- The applicability of anticipatory bail under Section 438 Cr.P.C. to the petitioner given the charges under the Bhartiya Nyay Sanhita.
- Whether the petitioner is directly implicated in the alleged assault or merely an instigator, affecting bail eligibility.
- The impact of alleged manipulation of the injury report on the bail decision.
- The relevance of the petitioner’s clean antecedent in granting anticipatory bail.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyay Sanhita, 2023 — s. 109, 115(2), 117(2), 126(2), 189(2), 329(4), 3(5), 351(2), 352
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- false implication
- assault
- clean antecedent
- dog bite dispute
- Bhartiya Nyay Sanhita
- Criminal Procedure Code
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79095 of 2025
Arising Out of PS. Case No.-108 Year-2025 Thana- AGAMKUAN District- Patna
======================================================
Ishwar Kumar S/o Ranjeet Kumar R/o village - Chhoti Pahari, Near - Middle
School, P.S - Agamkuan, District - Patna
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Nikhilesh Kumar, Advocate
For the Opposite Party/s : Mr.Sanjay Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
5 20-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The accused-petitioner, named in the F.I.R., is
apprehending his arrest in connection with Agamkuan P.S.
Case No. 108 of 2025 registered for the offences punishable
under Sections 189(2), 126(2), 115(2), 117(2), 109,
329(4), 352, 351(2) & 3(5) of the Bhartiya Nyay Sanhita,
2023 (in short, the ‘B.N.S.’).
3. The allegation against the petitioner is to assault the
informant and others alongwith 2-3 unknown co-accused
persons causing head and bodily injury, where occurrence
alleged to be arising out of dog biting issue.
4. Learned counsel appearing on behalf of the
petitioner submitted that petitioner falsely implicated with the
Patna High Court CR. MISC. No.79095 of 2025(5) dt.20-02-2026
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present case out of neighbourhood dispute and differences
arising due to petty issue like dog biting.
5. It is submitted that the occurrence was free fight in
nature where both parties received injury and for the same
set of occurrence, petitioner’s side also lodged a case i.e.
Agamkuan P.S. Case No. 109/2025.
6. In this context, it is submitted that injury report of
injured was obtained from private hospital and, therefore,
manipulation cannot be ruled out and, moreover, as per injury
report only fracture of lower arm was noticed whereas the
injury, as alleged to be caused on head, was found simple in
nature.
7. Arguing further, it is submitted that even as per
FIR, allegation to cause physical assault is not available
against this petitioner, rather it is alleged that on his instance
other unknown co-accused persons assaulted the informant
and others. Petitioner claimed clean antecedent.
8. Learned A.P.P. for the State, while opposing the
prayer for anticipatory bail of the petitioner, could not
disputed the aforesaid factual submission, however, it is
Patna High Court CR. MISC. No.79095 of 2025(5) dt.20-02-2026
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submitted that petitioner alleged actively involved during the
occurrence.
9. In view of the aforesaid factual submissions and by
taking note of the fact as the allegation of physical assault is
not available against this petitioner, rather it is alleged that on
his instance/direction, other unknown co-accused persons
assaulted the informant, coupled with the fact that petitioner
is a man of clean antecedent, accordingly, above-named
petitioner, in the event of his arrest/surrender within a period
of four weeks from this order, is directed to be enlarged on
bail on furnishing of bail bond of Rs.10,000/- (ten thousand
only) with two sureties of the like amount each to the
satisfaction of learned A.C.J.M.-IV, Patna City/concerned
court in connection with Agamkuan P.S. Case No. 108 of
2025, subject to the conditions as laid down under Section
438(2) of the Cr.P.C/Section 482(2) of the Bhartiya Nagarik
Suraksha Sanhita (in short “B.N.S.S.”).
(Chandra Shekhar Jha, J)
Rajeev/-
U T
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