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Patna High Court

Randhir KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.8406 of 2026(2) dt.17-02-2026
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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
Patna High Court CR. MISC. No.8406 of 2026(2) dt.17-02-2026
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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.
            Patna High Court CR. MISC. No.8406 of 2026(2) dt.17-02-2026
                                                        4/4




                                   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/-

U       T


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