Patna High Court
Indrajit Kumar @ Golu @ Golu KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
Anticipatory bail is granted to the petitioner subject to the conditions prescribed under Section 482(2) of the B.N.S.S., 2023.
Summary
Indrajit Kumar was arrested in connection with a case filed under Sections 126(2), 115(2), 74, 109, 351(2), 352 and 3(5) of the Bharatiya Nagrik Suraksha Sanhita, alleging that he entered the informant's house, attempted to outrage her modesty and assaulted her and her father‑in‑law with a bamboo stick. The petitioner contended that the allegations stem from a land dispute between the parties, that the injury was minor, and that he has no prior criminal record. The State opposed the grant of anticipatory bail, arguing the seriousness of the offences. The Court examined the factual matrix, the nature of the alleged offences and the petitioner's willingness to cooperate, and found that the circumstances did not warrant denial of bail. Accordingly, the Court ordered that the petitioner be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to the conditions of Section 482(2) of the B.N.S.S., 2023. The order was pronounced by Justice Sunil Dutta Mishra.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita in view of the alleged offences.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita — s. 109, 115(2), 126(2), 3(5), 351(2), 352, 482(2), 74
Subjects
- anticipatory bail
- Section 482
- Bharatiya Nagrik Suraksha Sanhita
- assault
- outraging modesty
- land dispute
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79532 of 2025
Arising Out of PS. Case No.-447 Year-2025 Thana- BARH District- Patna
======================================================
Indrajit Kumar @ Golu @ Golu Kumar Son of Nitish Kumar Singh Resident
of Village- Rahima, P.S.- Barh, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Deepak Kumar, Advocate
For the Opposite Party/s : Ms. Sharda Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 06-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Barh P.S. Case No. 447 of 2025, instituted under Sections
126(2), 115(2), 74, 109, 351(2), 352, 3(5) of the B.N.S.
3. As per the prosecution case, petitioner, who is
cousin devar of the informant, along with two unknown persons
are alleged to have entered into the house of informant and tried
to outrage her modesty. On protest, petitioner assaulted the
informant with bamboo stick causing injury on her head. When
father-in-law of the informant came to save her, petitioner also
assaulted him.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.79532 of 2025(2) dt.06-01-2026
2/2
case. Petitioner and informant are relative and Gotia. There is
land dispute between the parties due to which some altercation
took place. Informant has falsely lodged this case. Injury on the
injured is simple in nature. Petitioner has no criminal
antecedent. Petitioner undertakes 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 petitioner be released on bail upon
furnishing bail bonds of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
S.D.J.M., Barh (Patna) in connection with Barh P.S. Case No.
447 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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