Patna High Court
Neeraj Kumar @ Neeraj @ Niraj KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court held that anticipatory bail may be granted to the petitioner subject to a bail bond and sureties under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioner, Neeraj Kumar, sought anticipatory bail in a case filed under Sections 126(2), 115(2), 109, 118(1), 352 and 3(5) of the Bharatiya Nagarik Suraksha Sanhita, alleging that he was falsely implicated due to personal enmity. The prosecution alleged that the accused, including the petitioner, threw chilli powder in the informant's eye and assaulted him with fists, slaps and kicks. The petitioner contended that he is innocent, has no criminal antecedent, the injury was minor, and he is willing to cooperate with the investigation. The State opposed the grant of anticipatory bail. Considering the facts, the court ordered that the petitioner be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to the conditions of Section 482(2) of the B.N.S., 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Whether the allegations under Sections 126(2), 115(2), 109, 118(1), 352 and 3(5) of the B.N.S. justify denial of bail.
- Whether the petitioner’s claim of false implication and lack of criminal antecedent warrant the grant of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 3(5), 352, 482(2)
Subjects
- anticipatory bail
- criminal procedure
- false implication
- assault
- Bharatiya Nagarik Suraksha Sanhita
- Section 482
- bail conditions
- personal enmity
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88400 of 2025
Arising Out of PS. Case No.-43 Year-2025 Thana- KARTAHA District- Vaishali
======================================================
Neeraj Kumar @ Neeraj @ Niraj Kumar S/o Shivji Ray R/o village - Shyama
Chak Haruli ,P. S- Hajipur Sadar, District - Vaishali, At present Add - Kaswa,
P. S- Kaswa, District - Kolkata, West Bangal
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hemant Kumar, Advocate
For the Opposite Party/s : Ms. Dr. Indiwar Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 09-01-2026 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 126(2), 115(2), 109, 118(1), 352 and 3(5) of the
B.N.S.
3. As per prosecution case, on the alleged date of
occurrence, one of the accused persons threw chilli powder in
eye of the informant and accused persons including petitioner
assaulted him with fist, slaps and kicks.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in this
case due to previous enmity. The informant and petitioner are
friends. Both were living together in Kolkata since before. The
Patna High Court CR. MISC. No.88400 of 2025(2) dt.09-01-2026
2/2
injury to the injured is found to be simple in nature. 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 concerned court in
connection with Kartahan P.S. Case No.43 of 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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