Patna High Court

Laxman KumarversusThe State of Bihar

Decided: 23 February 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

The Court granted anticipatory bail to the petitioners.

Summary

The petitioners, Laxman Kumar, Rahul Kumar and Arti Devi, sought anticipatory bail fearing arrest in a case (PS No. 265/2025) alleging offences under Sections 126(2), 115(2), 109(1), 74, 352, 351(2) and 3(5) of the B.N.S. The prosecution alleged that the petitioners assaulted an informant and his family, causing head injuries to the informant's sister. The petitioners contended they were innocent, stating the incident was a petty dispute resulting in mutual injuries, and presented medical evidence that the injuries were minor and their clean antecedents. The State opposed the bail. Considering the case‑and‑counter‑case nature, the minor injuries, and the petitioners' clean records, the Court allowed anticipatory bail, directing them to furnish a bail bond of Rs.10,000 with two sureties each, subject to Section 482(2) of the B.N.S.

Issues considered

Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the B.N.S. in view of the alleged offences and the factual circumstances.

Legislation cited

B.N.S. — s. 109(1), 115(2), 126(2), 3(5), 351(2), 352, 482(2), 74

Subjects

anticipatory bail
Section 482
B.N.S.
criminal law
clean antecedents
mutual assault
bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.8662 of 2026

                     Arising Out of PS. Case No.-265 Year-2025 Thana- ATHMALGOLA District- Patna
                 ======================================================
           1.    Laxman Kumar S/o Jilesh Rai @ Jilesh Kumar Resident of village-
                 Kamarapar, P.S.-Athamalgola, District-Patna.
           2.    Rahul Kumar S/o Jilesh Rai @ Jilesh Kumar Resident of village-Kamarapar,
                 P.S.-Athamalgola, District-Patna.
           3.    Arti Devi W/o Santosh Rai Resident of village-Kamarapar, P.S.-
                 Athamalgola, District-Patna.

                                                                                 ... ... Petitioner/s
                                                      Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioners     :       Mr. Anil Kumar Singh, Advocate
                 For the State           :       Mr. Dilip Kumar No. 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   23-02-2026                  Heard learned counsel appearing on behalf of the

                   petitioners and learned APP appearing on behalf of the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence punishable under Sections 126(2),

                   115(2), 109(1), 74, 352, 351(2) and 3(5) of the B.N.S..

                                3. As per prosecution case, it is alleged that all the

                   F.I.R. named accused persons, including these petitioners,

                   abused and assaulted informant and his family members due to

                   which sister of informant sustained head injuries.
Patna High Court CR. MISC. No.8662 of 2026(2) dt.23-02-2026
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                       4. It is submitted by learned counsel appearing on

          behalf of the petitioners that petitioners are quite innocent and

          have committed no offence. As a matter of fact, due to petty

          dispute, maar-peet took place between the parties in which both

          sides sustained injuries. There is case and counter-case. Doctor

          has found the injuries, allegedly caused by these petitioners,

          simple in nature. Petitioners claim clean antecedents.

                       5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of anticipatory bail to the

          petitioners.

                       6. Considering the facts and circumstances of the

          case, case and counter-case between the parties, nature of

          injuries sustained by the injured and clean antecedents of the

          petitioners, the prayer for grant of anticipatory bail to the

          petitioners is allowed.

                       7. Accordingly, in the event of arrest/surrender within

          a period of eight weeks from today, let the above named

          petitioners 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 learned S.D.J.M., Barh, Patna

          in connection with Athmalgola P.S. Case No. 265 of 2025,
             Patna High Court CR. MISC. No.8662 of 2026(2) dt.23-02-2026
                                                         3/3




                       subject to condition as laid down under Section 482(2) of the

                       B.N.S.S..



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T

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