Patna High Court
Subodh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioners subject to bond and surety conditions.
Summary
Petitioners Subodh Kumar and Sanjit Kumar were accused of assaulting an informant and his family under several provisions of the Bharatiya Nyaya Sanhita. They sought anticipatory bail, claiming the dispute was trivial, injuries were minor, and they have a clean antecedent. The State opposed the bail. The court examined the nature of the allegations, the severity of injuries, and the petitioners' antecedents, finding the accusations to be general and lacking specific overt acts. Relying on Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the court granted anticipatory bail with a bond and surety conditions. The order directs that if arrested within eight weeks, the petitioners be released on bail upon furnishing the stipulated bond.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 given the nature of the allegations and injuries.
- Whether the allegations under the Bharatiya Nyaya Sanhita constitute a specific overt act justifying arrest.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 115(2), 126(2), 303(2), 329(3), 3(5), 351(2), 352, 76
Subjects
- anticipatory bail
- assault
- clean antecedent
- Section 482
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86151 of 2025
Arising Out of PS. Case No.-325 Year-2025 Thana- FATUA District- Patna
======================================================
1. Subodh Kumar son of Ram Sagar Paswan Resident of Village- Ranipur, P.S-
Fatuha, District- Patna.
2. Sanjit Kumar Son of Ram Sagar Paswan Resident of Village- Ranipur, P.S-
Fatuha, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Usha Kumari Singh, Advocate
For the Opposite Party/s : Mr. Umesh Lal Verma, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 09-02-2026 Heard learned counsel for the petitioners and the
State.
2. Petitioners apprehend arrest in a case registered for
the offences punishable under Sections 76, 126(2), 115(2),
303(2), 352, 351(2), 329(3), 3(5) of the Bharatiya Nyaya
Sanhita.
3. As per F.I.R., these petitioners are alleged to have
misbehaved with the wife of informant and assaulted informant
and his family members.
4. Learned counsel for the petitioners submits that
both parties are gotiyas and due to trivial dispute, altercation
took place between them in which both parties inflicted injuries
Patna High Court CR. MISC. No.86151 of 2025(2) dt.09-02-2026
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on each other. Allegation of assault is general and omnibus and
there is no specific allegation of overt act against these
petitioners. Injuries sustained by the injured are simple in
nature. Rest of the allegations are ornamental only to make the
case grave. Petitioners claim clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the nature of accusation, injuries and
clean antecedent, this anticipatory bail is allowed and it is
ordered that let the above named petitioners in the event of their
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) each with two sureties of the like
amount each to the satisfaction of Additional Chief Judicial
Magistrate II, Patna City in connection with Fatuha P. S. Case
No. 325 of 2025, subject to condition as laid down under
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,
2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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