Patna High Court

Awadhesh KumarversusThe State of Bihar

Decided: 5 January 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was granted as the allegations were deemed weak, injuries minor, and the petitioner possessed clean antecedents, subject to Section 482(2) conditions.

Summary

The petitioner, Awadhesh Kumar, sought anticipatory bail after being implicated in a case alleging assault with an iron rod on the husband of an informant, under multiple sections of the B.N.S. The prosecution alleged the assault, while the petitioner claimed innocence, citing an agnatic relationship and a land dispute as motive for a false case. The petitioner’s counsel highlighted the minor nature of the injuries, the petitioner’s clean antecedents, and the lack of substantive evidence. The State opposed the bail, but the court considered the relationship between parties, the minor injuries, and the petitioner’s background. Consequently, the court granted 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.

Issues considered

Whether anticipatory bail should be granted in a case involving alleged assault under Sections 126(2), 115(2), 109, 74, 303(2), 352, 351(2) and 3(5) of the B.N.S.
Whether the nature of injuries, relationship between parties, and petitioner’s antecedents justify bail
Applicability of conditions under Section 482(2) of the B.N.S. for granting anticipatory bail

Legislation cited

B.N.S. — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2), 352, 482(2), 74

Subjects

anticipatory bail
criminal procedure
assault
Section 482
Bihar
land dispute

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.82861 of 2025
                 Arising Out of PS. Case No.-90 Year-2025 Thana- BARABAR TOURIST District- Jehanabad
                 ======================================================
                 Awadhesh Kumar Son of Late Kailash Singh Resident of Village - Nawada,
                 P.S. - Barabar Toursim(Vishnuganj), Dist. - Jehanabad.

                                                                                 ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :       Ms. Rabia Gulnaz, Advocate
                 For the State           :       Mr. Surendra Kumar, 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),

                   115(2), 109, 74, 303(2), 352, 351(2) and 3(5) of the B.N.S..

                                3. As per prosecution case, it is alleged that this

                   petitioner assaulted on the head of husband of informant by

                   means of iron rod.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that petitioner is quite innocent and has

                   committed no offence. As a matter of fact, both parties are

                   agnates and due to admitted land dispute, this false and

                   concocted case has been lodged. Doctor has found the injuries,

                   sustained by the injured, simple in nature. Petitioner claims
             Patna High Court CR. MISC. No.82861 of 2025(2) dt.05-01-2026
                                                         2/2




                       clean antecedents.

                                     5. Learned A.P.P. for the State has vehemently

                       opposed the prayer for grant of anticipatory bail to the

                       petitioner.

                                     6. Considering the facts and circumstances of the

                       case, relationship between the parties, nature of injuries

                       sustained by the injured and clean antecedents of the petitioner,

                       the prayer for grant of anticipatory bail to the petitioner is

                       allowed.

                                     7. Accordingly, in the event of arrest/surrender within

                       a period of eight weeks from today, let the above named

                       petitioner 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 Principal District and

                       Sessions Judge, District- Jehanabad in connection with Barabar

                       Tourism (Vishnuganj) P.S. Case No. 90 of 2025, subject to

                       condition as laid down under Section 482(2) of the B.N.S.S..



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T

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