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Patna High Court

Anmol Kumar @ BusheversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                        3/3




                      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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