Created by Fuzzy Cloud

Patna High Court

Anmol KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioners subject to bond and surety conditions under Section 482(2) of the BNSS.

Summary

The petitioners, Anmol Kumar and Niket Kumar, sought anticipatory bail fearing arrest in a case registered under multiple offences of the Bharatiya Nyaya Sanhita, arising from a property dispute and alleged assault. They contended that they were falsely implicated, that the informant was a relative with a motive, and that crucial CCTV evidence was not examined. The State opposed the bail, arguing the seriousness of the offences. The court examined the petitioners' clean or minimal antecedents, the questionable credibility of the informant, and the lack of specific evidence linking the petitioners to the alleged assault. Relying on Section 482(2) of the BNSS, the court granted anticipatory bail subject to a cash bond of Rs.10,000 and two sureties, with the condition that the petitioners surrender within six weeks if arrested.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bharatiya Nyaya Sanhita
  • Whether the FIR establishes a prima facie case justifying arrest of the petitioners
  • Whether the petitioners are falsely implicated due to a property dispute

Legislation cited

Subjects

  • anticipatory bail
  • false implication
  • property dispute
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • Section 482
  • bail conditions
  • FIR
  • CCTV evidence
  • assault

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86153 of 2025
                 Arising Out of PS. Case No.-618 Year-2025 Thana- RAMKRISHNANAGAR District- Patna
                 ======================================================
           1.     Anmol Kumar Son of Radhe Shyam Singh Resident of Dhelwa, P.S.- Ram
                  Krishna Nagar, District- Patna
           2.    Niket Kumar @ Aniket Kumar @ Niket Son of Radhe Shyam Singh
                 Resident of Dhelwa, P.S.- Ram Krishna Nagar, District- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Arun Kumar
                 For the Opposite Party/s :     Mr.Md. Shakir Ahmad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   19-01-2026               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 126(2),

                   115(2), 117(2), 109(1), 352, 351(2), 303(2) and 3(5) of the

                   Bharatiya Nyaya Sanhita.

                             3.    Learned counsel for the petitioners submits that

                   petitioner no. 1 is a person with clean antecedent and petitioner

                   no. 2 has antecedent of one case and the informant alleges that

                   his father was 6 brothers and after partition they were living

                   separately, but in order to take illegal possession of one of the

                   house in which all the brothers had their share, the accused,
Patna High Court CR. MISC. No.86153 of 2025(2) dt.19-01-2026
                                            2/3




          Shivshankar, Mohit, Aniket and Anmol started demolishing the

          house, on objection the accused threatened and in the night of

          16-7-2025, the aforesaid four accused along with two unknown

          accused came and Shivshankar gave orders to kill on which

          Mohit fired, but the shot misfired, thereafter Aniket and Anmol

          with iron rod repeatedly assaulted him causing injury on head

          and mouth while Mohit snatched his chain and two unknown

          accused took away cash of Rs. 5,000/-

                   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 from perusal of the

          allegations as alleged in the FIR, it would manifest that

          petitioners and the informant are related and are having dispute

          relating to property. It is further submitted that informant is a

          drunkard and he might have fallen leading to injury. It is also

          submitted that CCTV cameras are installed in the parking area

          where the occurrence is alleged to have been taken place, but

          then the police for reasons best known did not investigate the

          CCTV cameras or else the truth would have come to the fore. It

          is next submitted that from perusal of the injury report, it would

          manifest that the same records - abrasion of size 2x1 cm over

          left temporal region of skull and lacerated would of size 0.5 cm
              Patna High Court CR. MISC. No.86153 of 2025(2) dt.19-01-2026
                                                          3/3




                        x 0.5 cm over lower lip. It is further submitted that even

                        presuming what has been alleged is true without admitting then

                        the allegation of assault is also not specific and petitioners are

                        students. It is submitted that no doubt that petitioner no. 2 has a

                        criminal antecedent but then the said case also came to be

                        instituted on account of dispute relating to property for which

                        the instant FIR has been instituted.

                                 5.     Learned A.P.P. for the State opposes the prayer for

                        anticipatory bail of the petitioners.

                                 6.     Considering the submissions made by the learned

                        counsel for the petitioners, the petitioners above-named, in the

                        event of their arrest or surrender before the learned trial court

                        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 trial court where

                        the case is pending/successor court in connection with Ram

                        Krishna Nagar P.S. Case No. 618 of 2025, subject to the

                        conditions as laid down under Section 482 (2) of the BNSS.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.