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Patna High Court

Praveen KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that anticipatory bail may be granted under Section 438(2) CrPC despite the serious nature of the charges, as the petitioners have a clean antecedent and the allegations appear to be motivated by a property dispute.

Summary

The petitioners, Praveen Kumar and Jitendra Kumar, applied for anticipatory bail fearing arrest in a case registered under several IPC sections for alleged assault, robbery and attempt to murder. They claimed to have a clean record and alleged that the informant, an agnate with whom they have a property dispute, falsely implicated them. The informant alleged that the petitioners assaulted him with a lathi, causing a simple head injury, and participated in a robbery. The petitioners argued that the injury was minor and no medical report was on record, contending the case was motivated by the land dispute. The court, after hearing both sides, granted anticipatory bail under Section 438(2) of the CrPC, subject to a bail bond of Rs.10,000 and two sureties, and imposed standard conditions for the duration of the proceedings.

Issues considered

  • Whether anticipatory bail can be granted under Section 438(2) CrPC in a case involving serious offences under the IPC.
  • Whether the petitioners are falsely implicated due to a property dispute with the informant.
  • Whether the alleged injury is simple and sufficient to deny bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • false implication
  • property dispute
  • IPC offences
  • bail conditions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84153 of 2025
                         Arising Out of PS. Case No.-40 Year-2020 Thana- MANER District- Patna
                 ======================================================
           1.     Praveen Kumar S/o Sipahi Rai @ Sipahi Ray Resident of - Tata Colony, P.S
                  - Maner, District - Patna
           2.     Jitendra Kumar S/o Sharda Rai Resident of - Tata Colony, P.S - Maner,
                  District - Patna
                                                                          ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Roona, Advocate.
                 For the Opposite Party/s :       Mr. Arun Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   17-02-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Sections 147, 148,

                   149, 341, 325, 379 and 307 of the Indian Penal Code.

                                3. Learned counsel for the petitioners submits that

                   petitioners are persons with clean antecedent and the informant

                   alleges that on 10.04.2019, the accused persons including the

                   petitioners came to his house and Praveen and Jitendra Kumar

                   (petitioners) assaulted him with lathi causing injury on head and

                   thereafter the other accused persons also assaulted and snatched

                   his chain and took cash from the house, it is next alleged that on

                   account of assault, informant was taken to the PHC from where
Patna High Court CR. MISC. No.84153 of 2025(2) dt.17-02-2026
                                            2/3




          he was referred to the PMCH for treatment and when he came to

          PMCH, he came to know that the accused persons had earlier

          assaulted his brother at the block office and thereafter they had

          come to his house and assaulted him.

                       4. Learned counsel for the petitioners submits that

          petitioners have been falsely implicated in the instant case by

          the informant. It is next submitted that petitioners and the

          informant are agnates and are having dispute relating to

          property. It is also submitted that no doubt it is alleged that

          petitioners assaulted the informant by lathi causing injury on

          head but then the allegation of assault is not specific, as the

          informant alleges that both petitioners assaulted him by lathi on

          head. It is further submitted that petitioners are not criminals

          and on account of dispute relating to land, the occurrence is

          alleged to have been taken place and the injury suffered by the

          injured has been opined to be simple, on which, the learned APP

          submits that neither the injury report is on record nor the order

          impugned discusses about the injury, on which, the learned

          counsel appearing on behalf of the petitioners submits that

          based on instruction, it is being submitted that the injury

          suffered by the injured has been opined to be simple in nature.

                       5. After hearing the learned counsel for the parties,
             Patna High Court CR. MISC. No.84153 of 2025(2) dt.17-02-2026
                                                         3/3




                       the petitioners above-named, in the event of their arrest or

                       surrender within a period of six weeks from today, be released

                       on anticipatory bail on furnishing bail bonds of Rs.10,000/-

                       (Rupees Ten Thousand) each with two sureties of the like

                       amount each to the satisfaction of the learned court below where

                       the case is pending/successor court in connection with Maner

                       P.S. Case No. 40 of 2020, subject to the conditions as laid down

                       under Section 438 (2) of the Cr.P.C.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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