Patna High Court

Anant KumarversusThe State of Bihar

Decided: 22 January 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted bail to the petitioner.

Summary

Anant Kumar was in judicial custody for offences alleged under the B.N.S., 2023 relating to an alleged assault on police during an attempt to apprehend another accused. The prosecution claimed that the petitioner, together with many others, attacked the police with lathi, danda and bricks, damaging a police vehicle and injuring a guard. The petitioner’s counsel argued that the allegations were vague, no specific act or weapon was attributed to him, he has no criminal antecedent and the injury was minor. The State’s assistant public prosecutor conceded the counsel’s arguments. After hearing both sides, the court found the material insufficient to justify continued detention and ordered bail on a bond of Rs.10,000 with two sureties. The bail order was directed to be executed by the Judicial Magistrate, 1st Class, Sheikhpura.

Issues considered

Whether the petitioner is entitled to bail despite the serious charges under the B.N.S., 2023
Whether the prosecution’s case sufficiently links the petitioner to the alleged assault on police
Whether the nature of the alleged injury and lack of specific allegation justify granting bail

Legislation cited

B.N.S., 2023 — s. 109, 115(2), 126(2), 132, 190, 191(2), 191(3), 262, 324(4), 351(2), 352

Subjects

bail
criminal procedure
assault on police
B.N.S. 2023
judicial custody
surety
high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88895 of 2025
                    Arising Out of PS. Case No.-79 Year-2025 Thana- JAYRAMPUR District- Sheikhpura
                 ======================================================
                 Anant Kumar S/O Bilash Sharma R/O Village- Kanhouli, P.S- Jairampur,
                 Distt.- Sheikhpura.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Jagnnath Singh, Advocate
                 For the Opposite Party/s :       Mrs. Madhuri Lata, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   22-01-2026                    Heard Mr. Jagnnath Singh, learned counsel for the

                   petitioner and Mrs. Madhuri Lata, learned APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Jairampur P.S. Case No. 79 of 2025 registered for the

                   offence punishable under Sections 191(2), 191(3), 190, 262,

                   115(2), 109, 126(2), 132, 324(4), 352, 351(2) of the B.N.S.,

                   2023.

                                3. The case of the prosecution in short is that the

                   police party has already gone to apprehend the accused in

                   connection with Jairampur P.S. Case No. 63 of 2025. Accused

                   Arvind Kumar was apprehended. As the police proceeded with

                   the accused person, it is alleged that the petitioner, along with

                   19 named and 10-15 unnamed persons, started abusing and

                   assaulting with lathi, danda, and brick, and they have caused
Patna High Court CR. MISC. No.88895 of 2025(2) dt.22-01-2026
                                            2/3




          mischief to the vehicle of the police, and one of the home

          guards, namely, Umesh Kumar, has received a brick injury on

          his head. It is further alleged that all the accused persons have

          assaulted the police party with lathi-danda.

                       4. Learned counsel appearing on behalf of the

          petitioner has submitted that petitioner is innocent and has

          committed no offence. He has been falsely implicated in this

          case. Learned counsel for the petitioner submits that the nature

          of the allegation is general and omnibus. There is no specific

          allegation against the petitioner, nor has any weapon been

          attributed to him. No overt act is alleged against him. It is

          further submitted that from the perusal of the injury report, it is

          clear that the victim of the case has received a simple injury. He

          further submits that a statement has been made in para 3 of the

          petition that petitioner has no criminal antecedent. Petitioner is

          languishing in judicial custody since 16.10.2025.

                       5. Learned APP for the State has conceded to the

          argument of the learned counsel for the petitioner.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this Court is

          inclined to enlarge the petitioner on bail. The above named

          petitioner is directed to be enlarged on bail on furnishing bail
           Patna High Court CR. MISC. No.88895 of 2025(2) dt.22-01-2026
                                                       3/3




                     bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                     of the like amount each to the satisfaction of the learned Judicial

                     Magistrate, 1st Class, Sheikhpura in connection with Jairampur

                     P.S. Case No. 79 of 2025.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T

Continue reading with your account

Checking your session…