Patna High Court
Aryan Kumar @ AryanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court granted anticipatory bail to the petitioners subject to bond and surety conditions under Section 482(2) of the B.N.S.S., 2023.
Summary
The petitioners, Aryan Kumar, Kari, and Golu, were accused of assaulting an informant with an iron rod and stealing his gold chain, alleged under Sections 126(2), 115(2), 109 and 303(2) of the Bharatiya Nagrik Suraksha Sanhita (B.N.S.S.). They claimed the informant was a former friend who filed a false complaint after a personal dispute and asserted they have no criminal record. The State opposed their request for anticipatory bail. The Court, after considering the facts and the parties’ submissions, ordered that the petitioners be released on bail if arrested or surrendered within six weeks, subject to a bond of Rs.10,000 each with two sureties and conditions under Section 482(2) of the B.N.S.S., 2023. The order reflects the Court’s discretion to grant bail while ensuring compliance with procedural safeguards. The petitioners were directed to cooperate with the investigation and trial.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, in view of the allegations under Sections 126(2), 115(2), 109 and 303(2).
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita — s. 109, 115(2), 126(2), 303(2), 482(2)
Subjects
- anticipatory bail
- Section 482
- Bharatiya Nagrik Suraksha Sanhita
- assault
- robbery
- criminal procedure
- Gaya district
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80253 of 2025
Arising Out of PS. Case No.-341 Year-2025 Thana- GAYA KOTWALI District- Gaya
======================================================
1. Aryan Kumar @ Aryan S/o- Munna Mali @ Munna Kali Village- Tel Bigha
PS-Kotwali Dist- Gaya Ji
2. Kari @ Chhotu @ Chhotu Kumar S/o- Suresh Prasad R/v- Gol Bagicha
Gabda Ps- Kotwali Dist- Gaya Ji
3. Golu @ Golu Kumar @ Santosh Kumar S/o- Vinay Goshwami R/v- Tel
Bigha Near Nandni Travels Ps- Kotwali Dist- Gaya Ji
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Kumar, Advocate
For the Opposite Party/s : Mr. Sunil Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 06-01-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in connection
with Kotwali P.S. Case No. 341 of 2025, instituted under
Sections 126(2), 115(2), 109, 303(2) of the B.N.S.
3. As per the prosecution case, when the informant
was going to Station on his motorcycle, 10-12 persons including
the petitioners stopped him. Petitioners assaulted him with iron
rod on the head causing injury to him. They also snatched
golden chain from the neck of the informant.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.80253 of 2025(2) dt.06-01-2026
2/2
petitioners are innocent and have falsely been implicated in this
case. Petitioners and informant were friends but later on due to
some dispute informant filed the present case and falsely
implicated petitioners taking advantage the fact that he had
fallen from his motorcycle. Injury on the injured is simple in
nature. Petitioners have no criminal antecedent. They 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 C.J.M., Gaya in connection with Kotwali P.S. Case No.
341 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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