Patna High Court
Gulshan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
In the absence of specific allegations and an injury report, the court held that anticipatory bail may be granted under Section 482(2) of the B.N.S.
Summary
The petitioner, Gulshan Kumar, sought anticipatory bail fearing arrest in a case registered under several offences of the Bharatiya Nagarik Suraksha Sanhita (B.N.S.). The FIR alleged that he, along with co‑accused, assaulted an informant and his brother, causing injuries. The petitioner’s counsel argued that no specific allegation or injury report was made against him, rendering the charge omnibus and unsupported. The State opposed the bail application. Considering the lack of concrete evidence and the nature of the accusation, 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 under Section 482(2) of the B.N.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita in view of the allegations.
- Whether the FIR and the absence of a specific injury report justify denial of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 109(1), 117(2), 126(2), 3(5), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- B.N.S.
- Section 482
- criminal procedure
- bail
- injury report
- FIR
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82844 of 2025
Arising Out of PS. Case No.-303 Year-2025 Thana- MOKAMAH District- Patna
======================================================
Gulshan Kumar Son of Chamru Ray Resident of Village- Naya Nagar
Kanhaipur, P.S.- Mokama, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arjun Prasad, Adv.
For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 05-01-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 126(2),
117(2), 109(1), 351(2), 352 and 3(5) of the B.N.S.
3. As per FIR, this petitioner along with other co-
accused persons assaulted informant and his brother due to
which they sustained injury.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence as alleged.
No specific allegation of assault is against this petitioner.
Allegation is general and omnibus in nature against him. There
is no injury report on record to substantiate the allegation of
assault.
Patna High Court CR. MISC. No.82844 of 2025(2) dt.05-01-2026
2/2
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the backdrop of the case, nature of
accusation and other circumstances of the case, this anticipatory
bail is allowed and it is ordered that let the above named
petitioner in the event of his 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) with
two sureties of the like amount each to the satisfaction of
learned Court of Additional Chief Judicial Magistrate-III, Barh
in connection with Mokama P. S. Case No. 303 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
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