Patna High Court

Anil Pal @ Anil KumarversusThe State of Bihar

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

Holding

The Court held that bail should be granted to the petitioner on the basis of the minor nature of the injury, the existence of a counter‑case, and the lack of compelling reasons to deny bail.

Summary

The petitioner, Anil Pal, was arrested in connection with PS Giriyak Case No. 395 of 2025 for alleged assault with a bamboo stick on an informant's head, resulting in minor injuries, and a subsequent altercation involving the informant's son. The petitioner claimed innocence, asserting that the incident stemmed from a trivial dispute over cattle grazing and that he had been falsely implicated. The prosecution highlighted the assault and the petitioner’s prior criminal antecedent. The defense argued that similar co‑accused had already been granted bail and that the injury was not serious. After hearing both sides, the Court considered the nature of the injury, the existence of a counter‑case, and the petitioner’s prolonged custody since September 2025. Consequently, the Court ordered the petitioner’s release on bail upon furnishing a bond of Rs. 10,000 with two sureties.

Issues considered

Whether the petitioner is entitled to bail despite the charges under Sections 126(2), 115(2), 118(2), 117(2), 109(2), 352, 351(2), 3(5) of the B.N.S., 2023
Whether the petitioner’s prior criminal antecedent precludes the grant of bail

Legislation cited

B.N.S., 2023 — s. 109(2), 115(2), 117(2), 118(2), 126(2), 3(5), 351(2), 352

Subjects

bail
assault
criminal procedure
Bihar
minor injury
judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89026 of 2025
                       Arising Out of PS. Case No.-395 Year-2025 Thana- GRIYAK District- Nalanda
                 ======================================================
                 Anil Pal @ Anil Kumar S/o Sudeshwar Prasad @ Sugeshwar Singh Resident
                 Of Village- Pawapuri More, P.S.- Giriyak (Pawapuri), District- Nalanda

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sheo Kumar Prasad, Advocate
                 For the Opposite Party/s :       Mr. Mohammad Sufyan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   22-01-2026                   Heard Mr. Sheo Kumar Prasad, learned counsel for

                   the petitioner and Mr. Mohammad Sufyan, learned APP for the

                   State.

                                2. The petitioner has prayed for bail in connection

                   with Giriyak P.S. Case No. 395 of 2025 registered for the

                   offence punishable under Sections 126(2), 115(2), 118(2),

                   117(2), 109(2), 352, 351(2), 3(5) of the B.N.S., 2023.

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

                   petitioner has assaulted with bamboo on the head of the

                   informant due to which he fell down. It is further alleged that

                   after that the son of the informant arrived who were armed with

                   knife.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has
Patna High Court CR. MISC. No.89026 of 2025(2) dt.22-01-2026
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          committed no offence. He has been falsely implicated in this

          case. Learned counsel for the petitioner submits that the

          allegation against the petitioner is that he has assaulted on the

          head of the informant. The injury of the informant is simple in

          nature. He also submits that Kundan Kumar and Chandan

          Kumar who has already been granted bail by the learned

          coordinate bench of this court passed in Cr. Misc. No. 90623 of

          2025. The case of this petitioner stands on better footing. He

          further submits that there is also a case and counter case

          between the parties and the occurrence has taken place on trivial

          issue of grazing of grass by cattle. He further submits that the

          petitioner is languishing in judicial custody since 10.09.2025.

                       5. The application for bail is opposed by learned APP

          for the State and submits that the petitioner is having criminal

          antecedent of one case.

                       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

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

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

          Judicial Magistrate, Nalanda in connection with Giriyak P.S.
           Patna High Court CR. MISC. No.89026 of 2025(2) dt.22-01-2026
                                                       3/3




                     Case No. 395 of 2025.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T

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