Patna High Court
Randhir KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court granted anticipatory bail to the petitioner, subject to conditions under Section 438(2) CrPC read with Section 482(2) Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioner, Randhir Kumar, sought anticipatory bail fearing arrest in a case (PS No.399/2025) alleging offences under multiple sections of the Bharatiya Nyaya Sanhita, 2023, including assault and attempted murder. He contended that the allegations were fabricated, no injury was recorded, and that a compromise petition had been filed. The State opposed the bail, arguing the seriousness of the charges. The High Court considered the submissions, the existence of a compromise, and the petitioner’s claim of false implication, and granted anticipatory bail subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order also imposed surety and compliance conditions, and clarified that any observations would not affect the trial.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in view of the alleged offences under the Bharatiya Nyaya Sanhita, 2023.
- Whether the filing of a compromise petition and the claim of false implication justify the grant of anticipatory bail.
- Whether the petitioner’s prior criminal antecedent, if any, should preclude anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 117(2), 118(1), 126(2), 3(5), 351(2), 351(3), 352, 74
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- false implication
- criminal procedure
- Bharatiya Nyaya Sanhita
- Section 438
- Section 482
- compromise petition
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8406 of 2026
Arising Out of PS. Case No.-399 Year-2025 Thana- KAKO District- Jehanabad
======================================================
Randhir Kumar S/O Nageshwar Yadav R/O Village- Dakshni, P.S- Kako
(Bhelawar), Distt.- Jehanabad (Bihar).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Uday Kumar, Adv.
For the Opposite Party/s : Mr. Mukesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 17-02-2026 Heard the learned counsel for the petitioner and the
learned A.P.P. for the State.
2. The petitioner is apprehending his arrest in
connection with Kako (Bhalawar) P.S. Case No. 399 of 2025
registered for the offence(s) under Section(s) 126(2), 115(2),
117(2), 118(1), 109(1), 74, 352, 351(2), 351(3) and 3(5) of the
Bharatiya Nyaya Sanhita, 2023 (B.N.S.).
3. The allegations against the petitioner is that he
caught the hair of the informant and pushed her on the ground
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and even tried to kill by strangulating her. It is further alleged
that one Sanyoga Devi had assaulted the mother-in-law of the
informant by lathi, causing fracture in her right leg.
4. The learned counsel for the petitioner submits that
the petitioner has falsely been implicated in this case and no
such occurrence as alleged had ever taken place. It has been
submitted that it was an altercation between the lady members
of the family, however, the petitioner has also been made an
accused with false and concocted story. It has further been
submitted that no injury has been brought on record as far as the
informant is concerned and for the same occurrence, a counter
case was also lodged by the petitioner. It has next been
submitted that the parties have entered into a compromise and a
compromise petition has also been filed before the learned
Court below. It has lastly been submitted that the petitioner has
been made accused in two criminal cases prior to the present
case.
5. The 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 and the submissions advanced on behalf of the parties, let
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the petitioner, above-named, be released on anticipatory bail, in
the event of his arrest or surrender before the concerned
Court/successor Court within a period of four weeks from today,
on his furnishing bail bond in the sum of Rs. 10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of the concerned Court/successor Court where the
case is pending in connection with Kako (Bhalawar) P.S. Case
No. 399 of 2025, subject to the conditions as laid down under
Section 438(2) of the Code of Criminal Procedure, 1973 read
with corresponding Section 482(2) of the Bharatiya Nagarik
Suraksha Sanhita, 2023 (B.N.S.S.) as well as subject to the
following conditions :
(i) One of the bailors of the petitioner shall be his
close relative and the other shall be a local resident.
(ii) The petitioner shall remain physically present
before the concerned Court on each and every date of the
trial and shall cooperate in the investigation.
(iii) In case of absence for two consecutive occasions
or in violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the concerned
Court.
(iv) The concerned Court shall verify the criminal
antecedent of the petitioner and in case, at any stage, it is
found that he has concealed his criminal antecedent, the
Court concerned shall take necessary steps for cancellation
of his bail bond. However, the acceptance of bail bond in
terms of the above-mentioned order shall not be delayed
for purpose of or in the name of verification.
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7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
8. The application stands allowed.
(Sourendra Pandey, J)
Praveen-II/-
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