Patna High Court
Anmol KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 117(2), 126(2), 303(2), 3(5), 351(2), 352, 482(2)
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,
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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
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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
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