Created by Fuzzy Cloud

Patna High Court

Anil KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court allowed the anticipatory bail application, directing release upon arrest or surrender subject to bail bonds and conditions under Section 482(2) of the B.N.S.

Summary

The petitioners, Anil Kumar and Kisun Dev Kumar, applied for anticipatory bail anticipating arrest in a case registered under Sections 126(2), 115(2), 109, 352, 351(2) and 3(5) of the B.N.S., stemming from a land‑dispute‑related assault alleged to have occurred on 31 July 2025. They argued that they have clean antecedents, the alleged assault is described in vague and omnibus terms in the FIR, and the injury to the complainant was minor. The State opposed the grant of anticipatory bail. The Court examined the nature of the allegations, the petitioners' background, and the discretion under Section 482(2) of the B.N.S. It directed that, upon arrest or surrender within six weeks, the petitioners be released on anticipatory bail upon furnishing bail bonds of Rs.10,000 with two sureties each, subject to the conditions of Section 482(2). The application was therefore allowed.

Issues considered

  • Whether anticipatory bail can be granted to the petitioners under Section 482(2) of the B.N.S. in view of the alleged offences and the nature of the FIR.
  • Whether the allegations in the FIR are sufficiently specific to deny bail.

Legislation cited

  • B.N.S. — s. 109, 115(2), 126(2), 3(5), 351(2), 352, 482(2)

Subjects

  • anticipatory bail
  • Section 482
  • land dispute
  • assault
  • Criminal Procedure
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86414 of 2025
                          Arising Out of PS. Case No.-320 Year-2025 Thana- ATRI District- Gaya
                 ======================================================
           1.     Anil Kumar S/O Late Kamla Charan Ram R/O- Sidh, P.S.- Atri, District
                  Gaya
           2.    Kisun Dev Kumar S/O Late Kamla Charan Ram R/O- Sidh, P.S.- Atri,
                 District Gaya

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Patanjali Rishi
                 For the Opposite Party/s :       Mr.Kalyan Shankar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   04-02-2026                  1. Heard learned counsel for the petitioners and

                   learned APP for the State.

                                2. The petitioners seek bail in anticipation of their

                   arrest in a case registered for the offences punishable under

                   Sections 126(2), 115(2), 109, 352, 351(2), 3(5) of the B.N.S.

                                3. The learned counsel for the petitioners submits that

                   the petitioners are persons with clean antecedent and the

                   informant alleges that on 31.07.2025 while he was in his field

                   when accused persons came and Anil, Shambhu along with

                   Kishundev assaulted by khanti causing injury on head,

                   thereafter all the six accused persons assaulted his brother Sunil

                   who came to save him and reason for the occurrence is that
Patna High Court CR. MISC. No.86414 of 2025(2) dt.04-02-2026
                                            2/3




          accused persons are trying to capture his land.

                       4. The learned counsel for the petitioners submits that

          from perusal of the allegation as alleged in the FIR, it would

          manifest that on account of dispute relating to land, the

          occurrence is alleged to have taken place. It is further submitted

          that though allegation of assault is alleged, but then, the same is

          not specific rather is general and omnibus in nature as Anil,

          Shambhu along with Kishundev are alleged to have assaulted

          the informant. It is also submitted that the injury suffered by the

          injured has been opined to be simple in nature as would

          manifest from the order impugned at Page-6. It is next

          submitted that petitioners are not criminals.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       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 Court below

          within a period of six weeks, are directed to be released on

          anticipatory bail on their furnishing bail-bonds in the sum 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
               Patna High Court CR. MISC. No.86414 of 2025(2) dt.04-02-2026
                                                           3/3




                         Atri P. S. Case No.320 of 2025, subject to the conditions laid

                         down under Section 482(2) of the B.N.S.S.

                                      7. The application stands allowed.



                                                   (Satyavrat Verma, J)
vikash/-

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.