Patna High Court
Ashutosh Kumar @ GoldenversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted anticipatory bail to the petitioner, subject to a bail bond, sureties and compliance with conditions under Section 482 of the Bhartiya Nyaya Sanhita.
Summary
The petitioner, Ashutosh Kumar, sought anticipatory bail fearing arrest in a case arising from a land dispute where the FIR alleged assault on the informant and his family under multiple sections of the Bhartiya Nyaya Sanhita. He contended that the allegations were vague, no specific overt act was ascribed to him, and the FIR was lodged after an unexplained seven‑day delay, while also asserting a clean criminal record. The State opposed the bail, arguing the seriousness of the offences. The Court examined the delay in filing the FIR, the lack of specific allegations against the petitioner, and the principles governing anticipatory bail under Section 482 of the B.N.S.S. 2023. Considering these factors, the Court granted anticipatory bail, directing the petitioner to surrender within eight weeks, furnish a bail bond of Rs.10,000 with two sureties, and comply with conditions prescribed under Section 482.
Issues considered
- Whether anticipatory bail should be granted in view of the alleged offences under Sections 126(2), 115(2), 74, 303(2), 351(2), 352 & 3(5) of the Bhartiya Nyaya Sanhita.
- Whether the delay of seven days in lodging the FIR and the lack of specific allegations against the petitioner justify granting bail.
- Whether the provisions of Section 482 of the Bhartiya Nyaya Sanhita empower the court to enlarge bail in the present circumstances.
Legislation cited
- Bhartiya Nyaya Sanhita — s. 115(2), 126(2), 303(2), 3(5), 351(2), 352, 482, 74
Subjects
- anticipatory bail
- FIR delay
- land dispute
- assault
- Section 482
- Bhartiya Nyaya Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8013 of 2026
Arising Out of PS. Case No.-439 Year-2024 Thana- DINARA District- Rohtas
======================================================
Ashutosh Kumar @ Golden S/o Vinay Paswan Resident of village- Samhuti,
P.O- Samhuti, P.S- Dinara, Dist- Rohtas Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vimlesh Kumar
For the Opposite Party/s : Mr.Rajendra Nath Jha
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 20-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence under Sections 126(2), 115(2), 74,
303(2), 351(2), 352 & 3(5) of the Bhartiya Nyaya Sanhita.
3. As per F.I.R., on account of land dispute between
the parties, all the named accused including petitioner assaulted
informant and his family members.
4. Learned counsel for the petitioner submits that both
parties are Gotiyas. Allegation of assault is general & omnibus
and no specific overt act has been alleged against this petitioner.
F.I.R. has been lodged after a delay of seven days and there is
no plausible explanation of delay. Petitioner claims clean
antecedent.
Patna High Court CR. MISC. No.8013 of 2026(2) dt.20-02-2026
2/2
5. Learned A.P.P. for the State has opposed the prayer
for anticipatory bail.
6. In the facts and circumstances of the case, let the
above named petitioner, in the event of arrest/surrender within a
period of eight weeks from today, be enlarged on bail on
furnishing bail-bond of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
S.D.J.M., Bikramganj, District - Rohtas in connection with
Dinara P.S. Case No. 439 of 2024, subject to condition as laid
down under Section 482 of the B.N.S.S., 2023.
(Prabhat Kumar Singh, J)
anay
U T
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