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Patna High Court

Anil Kumar @ Anil @ Anii Yadav @ Anil YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                 ======================================================
           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
                                                        2/2




                      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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