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Patna High Court

Abhishek KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioners, subject to bond and conditions, finding no specific allegation of overt act against them.

Summary

The petitioners, seven residents of Bharpura, sought bail after an FIR (Sonpur P.S. Case No. 626 of 2025) alleged they assaulted an informant with lathi and danda, invoking sections 126(2), 115(2), 109, 352, 351(2) and 3(5) of the Bhartiya Nagarik Suraksha Sanhita (BNS). They contended that the allegations were fabricated, that no specific act was ascribed to them individually, and that the case was a retaliatory filing linked to a separate case (Sonpur P.S. Case No. 623 of 2025). The Additional Public Prosecutor opposed bail, arguing the seriousness of the offences. The High Court observed the lack of a specific allegation of overt act against the petitioners and, applying Section 438(2) of the Code of Criminal Procedure and Section 482(2) of the BNS, granted bail on a bond of Rs.10,000 with two sureties and several conditions regarding cooperation, non‑tampering with evidence, and verification of criminal antecedent. The order directed the petitioners to surrender within thirty days if arrested and stipulated cancellation of bail for non‑compliance.

Issues considered

  • Whether the petitioners are entitled to bail despite the FIR alleging assault under the BNS.
  • Whether the absence of a specific allegation of overt act against the petitioners warrants the grant of bail under Section 438(2) CrPC and Section 482(2) BNS.

Legislation cited

Subjects

  • bail
  • false FIR
  • assault
  • criminal procedure
  • Section 438
  • Section 482
  • Bhartiya Nagarik Suraksha Sanhita
  • criminal antecedent
  • counter case

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86748 of 2025
                       Arising Out of PS. Case No.-626 Year-2025 Thana- SONEPUR District- Saran
                 ======================================================
           1.     Abhishek Kumar S/o Chandrama Paswan R/o Village- Bharpura, P.S.-
                  Sonpur, District- Saran at Chapra
           2.    Aman Kumar S/o Pramod Paswan R/o Village- Bharpura, P.S.- Sonpur,
                 District- Saran at Chapra
           3.    Prem Kumar S/o Shambhu Paswan R/o Village- Bharpura, P.S.- Sonpur,
                 District- Saran at Chapra
           4.    Banti Kumar @ Sunil Kumar S/o Hardayal Paswan R/o Village- Bharpura,
                 P.S.- Sonpur, District- Saran at Chapra
           5.    Kunal Kumar @ Kunal S/o Sale Ram R/o Village- Bharpura, P.S.- Sonpur,
                 District- Saran at Chapra
           6.    Jyoti Kumar S/o Sale Ram R/o Village- Bharpura, P.S.- Sonpur, District-
                 Saran at Chapra
           7.    Suraj Kumar @ Suraj Paswan S/o Sale Ram R/o Village- Bharpura, P.S.-
                 Sonpur, District- Saran at Chapra

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shakti Suman Kumar, Advocate
                 For the Opposite Party/s :       Mr. Anuj Kumar Shrivastava, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   08-01-2026                  Heard Mr. Shakti Suman Kumar, learned counsel for

                   the petitioner and Mr. Anuj Kumar Shrivastava, learned

                   Additional Public Prosecutor for the State.

                                2. The petitioners are apprehending their arrest in

                   connection with Sonpur P.S. Case No. 626 of 2025, F.I.R. dated

                   27.06.2025 for the offences punishable under Sections 126(2),

                   115(2), 109, 352, 351(2) and 3(5) of the BNS.
Patna High Court CR. MISC. No.86748 of 2025(2) dt.08-01-2026
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                       3. As per the First Information Report, due to previous

          dispute, the petitioner along with other co-accused persons

          assaulted to the informant by means of lathi and danda causing

          injury on the nose and head of the informant.

                       4. Learned counsel for the petitioners submits that

          petitioner nos. 1 and 2 having one case other than the present

          case. Petitioner nos. 3 to 7 have clean antecedent. He further

          submits that the allegation as alleged in the F.I.R. is false and

          fabricated and the petitioners have not committed any offences

          as alleged in the F.I.R., rather the the present case is counter

          blast of Sonpur P.S. Case No. 623 of 2025 filed by the petitioner

          no. 1 against the informant and her family members. He further

          submits that although petitioners are named in the F.I.R., from

          perusal of the F.I.R., it appears that there is no specific

          allegation of assault against these petitioners rather there is

          general and omnibus allegation against all the accused persons

          including the petitioners.

                       5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioners.

                       6. Considering the aforesaid facts and circumstances,

          that there is no specific allegation of overt act against the

          petitioners, let the petitioners, above named, in the event of
Patna High Court CR. MISC. No.86748 of 2025(2) dt.08-01-2026
                                            3/4




          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 Chief Judicial Magistrate, Saran at Chapra in

          connection with Sonpur P.S. Case No. 626 of 2025, subject to

          the conditions as laid down under Section 438(2) of the Code of

          Criminal Procedure / Section 482(2) of the Bhartiya Nagarik

          Suraksha Sanhita and with other following conditions:-

                       i. Petitioners 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 their absence on two consecutive dates without sufficient

          reason, their bail bond shall be cancelled by the Court below.

                       ii. If the petitioners 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 petitioners and in case at

          any stage it is found that the petitioners have concealed their

          criminal antecedent, the court below shall take step for

          cancellation of bail bond of the petitioners. However, the
            Patna High Court CR. MISC. No.86748 of 2025(2) dt.08-01-2026
                                                        4/4




                      acceptance of bail bond 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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