Patna High Court
Dular Chand KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court held that anticipatory bail is appropriate as there is no specific incriminating evidence against the petitioner.
Summary
The petitioner, Dular Chand Kumar, a 22‑year‑old student, was named in a police case alleging participation in an attack on police officers that resulted in an injury to an Assistant Sub‑Inspector. He claims he was not present at the scene, has no criminal record, and was implicated solely on a statement by a mahal chaukidar. The petitioner sought anticipatory bail under the Bharatiya Nagarik Suraksha Sanhita, 2023, arguing lack of specific allegations and absence of incriminating material. The State opposed the bail, contending the seriousness of the offences listed. The Court, after considering the submissions, held that there was insufficient basis to deny bail and granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the B.N.S.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under the Bharatiya Nagarik Suraksha Sanhita, 2023
- Whether the allegations against the petitioner constitute sufficient ground to deny bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109(1), 115(2), 117(2), 121(1), 121(2), 126(2), 127(2), 132, 190, 191(2), 221, 352, 482(2)
Subjects
- anticipatory bail
- false implication
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
- police assault
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87581 of 2025
Arising Out of PS. Case No.-131 Year-2025 Thana- MANPUR District- Nalanda
======================================================
Dular Chand Kumar S/O Rajesh Chauhan R/O Village- Dammar Bigha, P.S.-
Manpur, P.O.- Hargawan, Distt.- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar, Advocate
For the Opposite Party/s : Mr. Nirmal Kumar Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 12-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in a case instituted
under Sections 191(2), 190, 126(2), 127(2), 115(2), 117(2),
109(1), 121(1), 121(2), 132, 221 and 352 of the B.N.S.
3. As per prosecution case, 22 named accused persons and
8 to 10 unknown accused persons disclosed by the mahal
chaukidar had attacked on the police force in which A.S.I., Asit
Rumar’s right hand was fractured.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in this
case. There is no specific allegation against the petitioner. The
petitioner was neither present on the spot nor has participated in
the occurrence. Only on the basis of disclosure statement made
Patna High Court CR. MISC. No.87581 of 2025(2) dt.12-01-2026
2/2
by mahal chaukidar, the name of petitioner has been implicated
in this case due to ulterior motive. No incriminating material has
been recovered from conscious possession of the petitioner. The
petitioner is a young boy aged about 22 years, who is a student,
having no criminal antecedent and he undertakes to cooperate in
the investigation and the trial.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the facts and circumstances of the case and
submissions of learned counsel for the parties, in the event of
arrest or surrender before the Court below within six weeks
from today, the petitioner 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 learned court concerned in
connection with Manpur P.S. Case No.131 of 2025, subject to
the conditions as laid down under Section 482(2) of the
Bharatiya Nagarik Suraksha Sanhita, 2023.
(Sunil Dutta Mishra, J)
harish/-
U T
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