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Patna High Court

Abhishek KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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