Patna High Court
Himanshu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted anticipatory bail to the petitioners subject to conditions under Section 482(2) of the B.N.S.
Summary
The petitioners, Himanshu Kumar and Kapildev Paswan, applied for anticipatory bail fearing arrest in a case registered under Sections 126(2), 115(2), 118, 303(2), 109 and 3(5) of the Bharatiya Nagarik Suraksha Sanhita. The FIR alleged that they, along with others, assaulted an informant with a chholni and iron rod, causing multiple injuries, but the petitioners contended that no specific allegation of assault was made against them and the FIR was lodged six days after the incident without explanation. They argued that the dispute was a minor altercation over fishing, the injuries were simple, and the delay indicated lack of prima facie case. The State opposed the bail, insisting on the seriousness of the offences. The Court, considering the nature and extent of injuries, the delay in filing the FIR, and the lack of specific allegations against the petitioners, allowed anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the B.N.S. The order directed that if arrested within eight weeks, the petitioners be released on bail upon compliance with the stipulated conditions.
Issues considered
- Whether anticipatory bail can be granted under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita in view of the alleged offences and the delay in filing the FIR.
- Whether the allegations against the petitioners are sufficiently specific and serious to warrant denial of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
Subjects
- anticipatory bail
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
- delay in FIR
- assault
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82824 of 2025
Arising Out of PS. Case No.-381 Year-2025 Thana- BARH District- Patna
======================================================
1. Himanshu Kumar S/o Naresh Paswan R/o Village - Kali Asthan Malahi, P.S
- Barh, District - Patna
2. Kapildev Paswan S/o Jagayan Paswan R/o Village - Kali Asthan Malahi, P.S
- Barh, District - Patna
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Kashyap, Adv.
For the Opposite Party/s : Mr. Ram Anurag Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 05-01-2026 Heard learned counsel appearing on behalf of the
petitioners and learned APP appearing on behalf of the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Sections 126(2),
115(2), 118, 303(2), 109 and 3(5) of the B.N.S.
3. As per F.I.R. allegation against these petitioners is
that they along with other co-accused persons assaulted the
informant by means of Chholni and iron rod on his head due to
which he sustained multiple injuries.
4. Learned counsel for the petitioners submit that
petitioners are innocent and have committed no offence as
alleged. No specific allegation of assault is against these
petitioners. The alleged occurrence took place on 18.06.2025
but the FIR has been lodged on 24.06.2025 i.e. after the delay of
Patna High Court CR. MISC. No.82824 of 2025(2) dt.05-01-2026
2/2
six days for which there is no explanation for the same. It is
further submitted that due to petty dispute over fishing in pond,
an altercation took place between the parties. Allegation is
general and omnibus in nature against these petitioners. Injuries
sustained by the injured are simple in nature.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the aforesaid facts, nature of injury and
other circumstances of the case, this anticipatory bail is allowed
and it is ordered that let the above named petitioners in the event
of their arrest/surrender before the court below within a period
of eight weeks from today, be enlarged on bail on furnishing
bail-bond of Rs. 10,000/- (ten thousand) each with two sureties
of the like amount each to the satisfaction of learned Court of
Additional Chief Judicial Magistrate-1st, Barh, Patna in
connection with Barh P. S. Case No. 381 of 2025, subject to
condition as laid down under Section Section 482(2) of the
Bharatiya Nagarik Suraksha Sanhita.
(Prabhat Kumar Singh, J)
shivam/-
U T
Checking your session…