Patna High Court

Ashish KumarversusThe State of Bihar

Decided: 12 January 2026
Disposal: ALLOWED
Bench: SUNIL DUTTA MISHRA

Holding

The court held that anticipatory bail may be granted subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Summary

The petitioner, Ashish Kumar, sought anticipatory bail after being implicated in a case under Sections 115(2), 126(2), 109 and 3(5) of the Bharatiya Nagarik Suraksha Sanhita (B.N.S.) arising from a land‑related altercation. The prosecution alleged that while the petitioner's co‑accused assaulted the informant's husband, the petitioner threatened the victims with a pistol. The petitioner contended that he was falsely implicated due to a land dispute, had no criminal record, and no incriminating material was recovered from him. The State opposed the bail, arguing the seriousness of the offences. After considering the facts and the petitioner's cooperation, the court ordered that the petitioner be released on 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 should be granted to the petitioner under the B.N.S. in view of the alleged offences
Whether the allegations constitute sufficient ground for arrest or warrant denial of bail
Whether the petitioner is likely to tamper with evidence, influence witnesses, or flee

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109, 115(2), 126(2), 3(5), 482(2)

Subjects

anticipatory bail
land dispute
Bharatiya Nagarik Suraksha Sanhita
Section 115
Section 126
Section 109
Section 3(5)
Section 482
false implication

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87622 of 2025
                      Arising Out of PS. Case No.-279 Year-2025 Thana- NASRIGANJ District- Rohtas
                 ======================================================
                 Ashish Kumar Son of Brijbihari Singh Resident of Village- Haliwant Bigha,
                 P.S.- Nasriganj, District- Rohtas (Bihar)

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Manish Mohan Kateyrar, Advocate
                 For the Opposite Party/s :       Mr. Nand Kishore Prasad, 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 115(2), 126(2), 109 and 3(5) of the B.N.S.

                           3. As per prosecution case, the accused persons including

                   petitioner were ploughing and seeding the field of husband of

                   the informant. When the husband of informant protested, one

                   co-accused Chandan Kumar inflicted rama blow causing head

                   injury to him. Petitioner is alleged to have started threatening

                   them having a pistol in his hand.

                           4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in this

                   case due to land dispute. There is no specific allegation against

                   the petitioner. No incriminating material has been recovered
               Patna High Court CR. MISC. No.87622 of 2025(2) dt.12-01-2026
                                                           2/2




                         from possession of the petitioner. Petitioner has completed civil

                         engineering in NIT, Tripura and is preparing for competitive

                         examination. The petitioner has 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 Nasriganj P.S. Case No.279 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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