Patna High Court
Anmol Kumar @ BusheversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner with conditions, finding no sufficient ground to deny bail.
Summary
Anmol Kumar was implicated in a 2022 FIR for offences under Sections 341, 323, 307 and 34 of the IPC, alleged to have participated in an assault on the informant's son. The petitioner contended that he was never named in the FIR and that his inclusion resulted from a later restatement by the informant, who was not an eye‑witness, and argued that he was falsely implicated. He also pointed out that a co‑accused, Gaurav Kumar, had been granted anticipatory bail by a coordinate bench of the same court. The prosecution opposed bail, noting that the petitioner had another pending case. The court, considering the lack of direct naming in the FIR and the precedent of anticipatory bail to a similarly situated accused, granted bail subject to a Rs.10,000 bond, two sureties, and conditions under Section 482(2) of the CrPC, including cooperation with the trial and no tampering with evidence.
Issues considered
- Whether the petitioner, not named in the FIR, is entitled to bail in the present case.
- Whether the grant of anticipatory bail to a co‑accused creates a precedent obliging the court to grant bail to the petitioner.
- Whether the existence of another pending case against the petitioner precludes bail.
Legislation cited
- Code of Criminal Procedure — s. 482(2)
- Indian Penal Code — s. 307, 323, 34, 341
Subjects
- anticipatory bail
- bail
- IPC offences
- Section 482 CrPC
- false implication
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86715 of 2025
Arising Out of PS. Case No.-106 Year-2022 Thana- SARE District- Nalanda
======================================================
Anmol Kumar @ Bushe, S/O Bablu Singh R/O Village- Khetalpura, P.S-
Sare, Distt.- Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Satya Prakash, Advocate
For the Opposite Party/s : Mr. Shantanu Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 08-01-2026 Heard Mr. Satya Prakash, learned counsel for the
petitioner and Mr. Shantanu Kumar, learned Additional Public
Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Sare P.S. Case No. 106 of 2022, F.I.R. dated
07.06.2022 for the offences punishable under Sections 341, 323,
307, 34 of the IPC.
3. According to prosecution case, while the son of the
informant was going to the Barbigha Bazar, one accused person
along with 3-4 unknown persons surrounded him and assaulted
by means of iron rod, chain and lathi due to which he sustained
grievous injury.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
present case. He further submits that initially petitioner has not
Patna High Court CR. MISC. No.86715 of 2025(2) dt.08-01-2026
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named in the F.I.R., name of the petitioner transpired on the
basis of the re-statement of the informant and it appears from
the F.I.R. itself that informant is not an eye-witness of the
alleged occurrence and there is no specific allegation levelled in
the F.I.R. Moreover, similarly situated co-accused namely
Gaurav Kumar has already been granted anticipatory bail by a
coordinate Bench of this Court vide order dated 03.12.2025
passed in Cr. Misc. No. 83781 of 2025.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that the petitioner carries one more case other than the
present one.
6. Considering the aforesaid facts and circumstances
that petitioner is not named in the F.I.R. and similarly situated
co-accused has already been granted anticipatory bail, let the
petitioner, above named, in the event of his arrest or surrender
before the court below within a period of thirty days from the
date of receipt of the order, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned A.C.J.M.-
IV, Biharsharif, Nalanda in connection with Sare P.S. Case No.
106 of 2022, subject to the conditions as laid down under
Patna High Court CR. MISC. No.86715 of 2025(2) dt.08-01-2026
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Section 482(2) of the Code of Criminal Procedure and with
other following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
khushbu/-
U T
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