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Patna High Court

Anand KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioner is entitled to bail, subject to specified conditions, as the injury is simple and he has a clean antecedent.

Summary

Anand Kumar was arrested in connection with a case alleging assault with a lathi, danda and iron rod, and theft of a gold chain. The petitioner claimed a clean criminal record and argued that the injury to the informant was minor, attributing the dispute to a family quarrel. The prosecution opposed bail, citing the seriousness of the offences under the Bhartiya Nyay Sanhita. The court noted the petitioner’s clean antecedent and the simple nature of the injury, and therefore granted bail on a bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita. Conditions included cooperation with the trial, presence in court, and prohibition against tampering with evidence or witnesses. The order directed the lower court to verify the petitioner’s antecedent but not to delay bail on that ground.

Issues considered

  • Whether the petitioner is entitled to bail despite the charges under Sections 115(2), 126(2), 303(2), 109, 351(2), 352 and 3(5) of the Bhartiya Nyay Sanhita.
  • Whether the nature of the alleged injury and the petitioner’s criminal antecedent justify the grant of bail.

Legislation cited

Subjects

  • bail
  • assault
  • criminal antecedent
  • evidence tampering
  • Bhartiya Nyay Sanhita
  • CrPC
  • Bhartiya Nagarik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88924 of 2025
                       Arising Out of PS. Case No.-91 Year-2025 Thana- PIYAR District- Muzaffarpur
                 ======================================================
                 Anand Kumar S/O Late Shiv Shankar Thakur Resident of Village - Piar, P.S-
                 Piar, District - Muzaffarpur,Bihar- 843115

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Ms. Shashi Priya, Advocate
                                          :        Mr. Ritwaj Raman, Advocae
                                          :        Ms. Pankhuri, Advocate
                 For the Opposite Party/s :        Mr. Yogendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   12-01-2026                      Heard Ms. Shashi Priya, learned counsel for the

                   petitioner and Mr. Yogendra Kumar, learned Additional Public

                   Prosecutor for the State.

                                2. The petitioner is apprehending his arrest in

                   connection with Piyar P.S. Case No. 91 of 2025, F.I.R. dated

                   20.06.2025 for the offences punishable under Sections 115(2),

                   126(2), 303(2), 109, 351(2), 352, 3(5) of the Bhartiya Nyay

                   Sanhita, 2023.

                                3. As per the First Information Report, the informant

                   alleged that the petitioner along with other co-accused persons

                   came to his house and brought him to the house of the petitioner

                   and assaulted him by means of lathi, danda and iron rod. It is

                   further alleged that one of the accused snatched a gold chain
Patna High Court CR. MISC. No.88924 of 2025(2) dt.12-01-2026
                                            2/3




          from the neck of the informant.

                      4. Learned counsel for the petitioner submits that

          petitioner has clean antecedent and he has falsely been

          implicated in the present case. Infact the petitioner and

          informant are maternal cousins and due to some petty dispute

          the present occurrence has taken place. Although there is

          specific allegation against the petitioner that he has assaulted the

          informant by means of iron rod and the informant received

          injury but the injury report of the informant suggest that injury

          inflicted upon him is simple in nature caused by hard and blunt

          substance.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances,

          the petitioner has clean antecedent and injury inflicted upon the

          informant is simple in nature, let the petitioner, above named, in

          the event of arrest or surrender before the court below within a

          period of thirty days from the date of receipt of the order, 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 the learned A.C.J.M-X, East Muzaffarpur in

          connection with Piyar P.S. Case No. 91 of 2025, subject to the
            Patna High Court CR. MISC. No.88924 of 2025(2) dt.12-01-2026
                                                        3/3




                      conditions as laid down under Section 438(2) of the Code of

                      Criminal Procedure / Section 482(2) of the Bhartiya Nagarik

                      Suraksha Sanhita and with other following conditions:-

                                   i. Petitioner shall co-operate in the trial and shall be

                      properly represented on each and every date fixed by the court

                      and shall remain physically present as directed by the court and

                      on his absence on two consecutive dates without sufficient

                      reason, his bail bond shall be cancelled by the Court below.

                                   ii. If the petitioner tampers with the evidence or the

                      witnesses, in that case, the prosecution will be at liberty to

                      move for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage it is found that the petitioner has concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bond in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T


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