Patna High Court
Anand KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyay Sanhita — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2), 352
- Code of Criminal Procedure — s. 438(2)
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
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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
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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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