Created by Fuzzy Cloud

Patna High Court

Ishwar KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                       3/3




                     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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.