Patna High Court
Anil Kumar @ Anil @ Anii Yadav @ Anil YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court granted anticipatory bail, ordering the petitioners’ release on bail upon furnishing the prescribed bond and sureties.
Summary
The petitioners, Anil Kumar, his son Aniket Kumar and wife Sunita Devi, feared arrest in a criminal case (Rampur P.S. Case No. 202 of 2025) alleging assault on an informant, his wife and children during a dispute over electricity connection. The prosecution charged them under several sections of the Bharatiya Nagrik Suraksha Sanhita (B.N.S.), while the petitioners contended they were falsely implicated, that the only non‑bailable provision (Section 303(2)) did not apply, and that the incident stemmed from a family partition dispute with no prior criminal record. They applied for anticipatory bail, undertaking cooperation with the investigation. The State opposed the bail. Considering the familial context, lack of antecedents, and the bailable nature of most charges, the Court granted anticipatory bail, directing release on bail bonds of Rs. 10,000 with two sureties each, subject to conditions under Section 482(2) of the B.N.S.S., 2023.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 in view of the charges framed against them.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 115(2), 126(2), 303(2), 3(5), 351(2)(3), 352, 482(2), 74
Subjects
- anticipatory bail
- assault
- bailable offence
- Section 482
- criminal procedure
- family dispute
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79316 of 2025
Arising Out of PS. Case No.-202 Year-2025 Thana- RAMPUR District- Gaya
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1. Anil Kumar @ Anil @ Anii Yadav @ Anil Yadav S/O Suraj Prasad R/O
Village- Chiraiyatar, P.S- Rampur, Distt.- Gaya.
2. Aniket Kumar @ Ankit Kumar @ Guddu Kumar @ Guddu S/O Anil Kumar
@ Anil @ Anii Yadav R/O Village- Chiraiyatar, P.S- Rampur, Distt.- Gaya.
3. Sunita Devi W/O Anil Kumar @ Anil @ Anii Yadav @ Anil Yadav R/O
Village- Chiraiyatar, P.S- Rampur, Distt.- Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aryan Singh, Advocate
For the Opposite Party/s : Ms. Renu Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 05-01-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in connection
with Rampur P.S. Case No. 202 of 2025, instituted under
Sections 126(2), 115(2), 303(2), 352, 74, 351(2)(3) and 3(5) of
the B.N.S.
3. As per the prosecution case, petitioners abused and
assaulted the informant when he had gone to connect his
electricity. The accused persons also assaulted the wife and
children of the informant.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have falsely been implicated in this
Patna High Court CR. MISC. No.79316 of 2025(2) dt.05-01-2026
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case. Except Section 303(2) of the B.N.S., other Sections are
bailable in nature and Section 303(2) of the B.N.S. is not
applicable against the petitioners. Both the parties are own
brothers and due to partition suit some altercation took place in
which both the parties got injured. There is case and counter
case between the parties. Petitioners have no criminal
antecedent. Petitioners undertake to co-operate in the
investigation and trial.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the facts and circumstances of the
case and submission of learned counsel for the parties, in the
event of arrest or surrender before the Court below within six
weeks from today, the petitioners be released on bail upon
furnishing bail bonds of Rs. 10,000/- (ten thousand) each with
two sureties of the like amount each to the satisfaction of
learned Chief Judicial Magistrate, Gayaji in connection with
Rampur P.S. Case No. 202 of 2025, subject to the conditions
laid down in Section 482 (2) of the Bharatiya Nagrik Suraksha
Sanhita (B.N.S.S.), 2023.
(Sunil Dutta Mishra, J.)
rakhi/-
U T
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