Patna High Court
Abhishek KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Anticipatory bail is granted to the petitioner subject to specified conditions.
Summary
The petitioner, Abhishek Kumar, sought anticipatory bail in connection with FIR No. 211 of 2025 alleging offences under Sections 115(2), 118(1), 126(2), 352 and 3(5) of the B.N.S., 2023. The prosecution alleged that a monetary dispute escalated into a physical assault with a dagger, injuring the informant. The petitioner contended that he has a clean antecedent, was falsely implicated, and that the FIR does not specifically allege an assault by him, only by a co‑accused. The court examined whether the lack of a specific allegation against the petitioner and his clean record justified the grant of anticipatory bail under Section 438 of the CrPC and Section 482 of the B.N.S., 2023. Finding merit in the petitioner's submissions, the court ordered that he be released on bail subject to a bond of Rs.10,000 with two sureties and a set of conditions, including cooperation with the trial and non‑tampering with evidence. The order also directed the lower court to verify the petitioner’s antecedent and to cancel bail if any concealment is discovered.
Issues considered
- Whether anticipatory bail should be granted when the FIR does not specifically allege an assault by the petitioner.
- Whether the petitioner’s clean criminal antecedent warrants bail under Section 438 CrPC and Section 482 B.N.S., 2023.
- Whether the conditions imposed are sufficient to safeguard the trial process.
Legislation cited
- B.N.S., 2023 — s. 115(2), 118(1), 126(2), 3(5), 352, 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- false implication
- clean antecedent
- assault
- Criminal Procedure Code
- Section 438
- Section 482
- B.N.S. 2023
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87354 of 2025
Arising Out of PS. Case No.-211 Year-2025 Thana- SULTANGANJ District- Patna
======================================================
Abhishek Kumar Son of Amarnath @ Amar Saw Resident of Dargah Road
Chauraha, P.S.- Sultanganj, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raj Shekhar, Advocate
For the State : Mrs. Pushpa Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 09-01-2026 Heard Mr. Raj Shekhar, learned counsel for the
petitioner and Mrs. Pushpa Sinha, learned APP for the State.
2. The petitioner is apprehending his arrest in
connection with Sultanganj P.S. Case No. 211 of 2025, F.I.R. dated
16.05.2025 registered for the offences punishable under Sections
115(2), 118(1), 126(2), 352, 3(5) of the B.N.S., 2023.
3. The prosecution case, in brief, is that on 15.05.2025
the informant went to the shop of accused petitioner namely
Abhishek Kumar to pay the dues amount and paid Rs. 2,000/- out
of Rs. 4,000/-. Accused petitioner asked to pay full amount which
turns into hot talk and filthy words with the informant. In the
meanwhile, petitioner and other co-accused person attacked to the
informant with dagger as a result of which he sustained injury.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.87354 of 2025(2) dt.09-01-2026
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petitioner has clean antecedent and he has been falsely implicated
in the present case. He further submits that the allegation as
alleged in the F.I.R. is false and fabricated and from perusal of the
F.I.R, it appears that due to admitted dues amount the present
occurrence had taken place and there is no specific allegation of
any assault or overt act attributed against the petitioner and there is
specific allegation of assault attributed against co-accused person,
namely, Meraj and the injury report of the injured person suggests
that the injury is simple in nature which is not vital part of the
body.
5. Learned APP for the State has opposed the prayer
for anticipatory bail of the petitioner.
6. Considering the facts and circumstances of the case
and the fact that the petitioner having clean antecedent and there is
no specific allegation of any assault or overt act attributed against
the petitioner in the F.I.R., 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/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of learned Sub-Divisional Judicial Magistrate, Patna
City, Patna in connection with Sultanganj P.S. Case No. 211 of
2025, subject to the conditions as laid down under Section 438(2)
Patna High Court CR. MISC. No.87354 of 2025(2) dt.09-01-2026
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of the Code of Criminal Procedure/ Section 482(2) of BNSS, 2023
and with other following conditions :-
(1) 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.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move for
cancellation of bail.
(3) 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)
Ibrar//-
U T
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