Patna High Court

Brijesh Kumar @ Viresh KumarversusThe State of Bihar

Decided: 15 January 2026
Disposal: BAIL GRANTED
Bench: SONI SHRIVASTAVA

Holding

The Court granted anticipatory bail to the petitioner.

Summary

The petitioner, Brijesh Kumar, applied for anticipatory bail fearing arrest in connection with FIR No. 422 of 2025, which alleged his involvement in assaulting an informant and attempting to outrage the modesty of Hewati Devi. The FIR was filed on 1 September 2025, more than three weeks after the alleged incident on 10 August 2025, and the petitioner argued that the delay was inordinate and the allegations were ornamental. He also contended that Section 109 of the B.N.S would not apply to him. The State opposed the bail. Considering the delay, the lack of prior criminal record, and the weak factual basis, the Court granted anticipatory bail subject to a bond of Rs.10,000, two sureties, and compliance with Section 438(2) CrPC and Section 482(2) B.N.S.S, 2023, with a condition to cooperate in the investigation.

Issues considered

Whether anticipatory bail should be granted despite the FIR alleging serious offences including assault and outraging modesty.
Whether the inordinate delay in filing the FIR affects the merit of the bail application.
Whether Section 109 of the B.N.S is applicable to the petitioner.
Whether the petitioner’s lack of criminal antecedent warrants bail.

Legislation cited

B.N.S.S., 2023 — s. 109, 115(2), 303(2), 324(4), 3(5), 351(2), 352, 482(2), 75(2)
Code of Criminal Procedure, 1973 — s. 438(2)

Subjects

anticipatory bail
FIR delay
assault
outraging modesty
Section 438 CrPC
Section 482 B.N.S.S
bail conditions
criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88828 of 2025
                 Arising out of PS. Case No.-422 Year-2025 Thana- TURKAULIYA District- East Champaran
                 ======================================================
                 Brijesh Kumar @ Viresh Kumar S/o Dukhi Rai R/o Village- Khagani, P.S-
                 Turkauliya, Dist- East Champaran.


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


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr. Manjeet Kumar Mishra, Advocate
                 For the Opposite Party/s:       Mr. Shyam Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   15-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has preferred this application for

                   grant of anticipatory bail apprehending his arrest in connection

                   with Turkaulia P.S. Case No. 422 of 2025 registered under sec-

                   tions 115(2), 75(2), 109, 303(2), 352, 351(2), 324(4) & 3(5) of

                   the BNS.

                                3. The allegation in the First Information Report is

                   that the accused persons including the petitioner were indulged

                   in assaulting the informant and other family members while the

                   petitioner Brijesh Kumar tried to outrage the modesty of Hewati

                   Devi.

                                4. Learned counsel for the petitioner at the outset sub-
           Patna High Court CR. MISC. No.88828 of 2025(2) dt.15-01-2026
                               2/3




mits that the present First Information Report has been filed af-

ter inordinate delay on 01.09.2025 while the occurrence took

place on 10.08.2025 and no plausible explanation has been ten-

dered for such delay. It is further submitted that the narration of

the FIR would itself disclose that there is no allegation of any

assault upon the petitioner but for some ornamental allegation of

outraging modesty. It is also submitted that Section 109 BNS

would not be attracted against the petitioner even assuming the

allegations to be correct.

          5. The application for anticipatory bail is opposed by

learned A.P.P. for the State.

          6. Taking into consideration the facts and circum-

stances of the case and considering the inordinate delay in the

FIR coupled with the ornamental allegation imputed upon the

present petitioner, let the petitioner, above named who has no

criminal antecedent, in the event of his arrest or surrender be-

fore the learned Court below within a period of four weeks, be

released on anticipatory bail in connection with Turkauliya P.S.

Case No. 422 of 2025 on furnishing bail bond of Rs.10,000/-

(Rupees Ten Thousand) with two sureties of the like amount

each to the satisfaction of the learned Chief Judicial

Magistrate, East Champaran, Motihari, subject to the condition
                      Patna High Court CR. MISC. No.88828 of 2025(2) dt.15-01-2026
                                          3/3




           laid down under Section 438(2) of the Code of Criminal Proce-

           dure/Section 482(2) of the B.N.S.S, 2023 and subject to the fur-

           ther condition that he shall co-operate in investigation/trial.



                                  (Soni Shrivastava, J)
Vikash/-

U      T

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