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Patna High Court

Vishwadev Anand @ Vishwanand Jha @ Anand JhaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner.

Summary

The petitioner, Vishwadev Anand, sought anticipatory bail in connection with a criminal case (Pandaul P.S. Case No. 108 of 2025) alleging offences under several sections of the B.N.S. The prosecution alleged that the petitioner and others stabbed the victim, but the petitioner claimed innocence and asserted that the victim's injuries were simple and caused by a hard, blunt object. The learned counsel highlighted the petitioner's clean antecedent and the minor nature of the injuries. The State opposed the bail. Considering the simplicity of the injuries and the petitioner's claim of false implication, the Court allowed the anticipatory bail application, directing release on a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482 of the B.N.S.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 of the Code of Criminal Procedure, 1973 given the nature of the alleged offence and injuries.
  • Whether the provisions of Section 482 of the B.N.S. permit the grant of anticipatory bail in this case.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Section 482 B.N.S.
  • simple injury
  • false implication
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89442 of 2025
                     Arising Out of PS. Case No.-108 Year-2025 Thana- PANDAUL District- Madhubani
                 ======================================================
                 Vishwadev Anand @ Vishwanand Jha @ Anand Jha S/O Madan Kumar Jha
                 Resident of village - Madhura (Lakhnaur), P.S- Lakhnaur, District -
                 Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Subhash Kumar Jha, Advocate
                 For the Opposite Party/s :       Mr.Shyam Bihari Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   04-02-2026                          Heard learned counsel for the petitioner and

                   learned APP for the State.

                                   2. The petitioner apprehends his arrest in

                   connection with Pandaul P.S. Case No. 108 of 2025 registered

                   for the offence under Sections 126(2), 115(2), 118(1), 109, 352,

                   351 (2), 3(5) of B.N.S.

                                   3.    As per the prosecution case, petitioner and

                   others are alleged to have stabbed the victim.

                                    4. It has been submitted by the learned counsel for

                   the petitioner that the petitioner is innocent and he has falsely

                   been implicated in this case. It is next submitted that the injury

                   sustained by the victim are simple in nature. Petitioner has clean

                   antecedent.
              Patna High Court CR. MISC. No.89442 of 2025(2) dt.04-02-2026
                                                          2/2




                                         5. Learned A.P.P. for the State opposes the prayer

                        for anticipatory bail of the petitioner.

                                        6. Considering the aforesaid submissions and the

                        fact that the injury sustained the victim are simple in nature

                        caused by hard and blunt substance, this application is allowed.

                                        7. Let the petitioner, above named, in the event of

                        his arrest or surrender before the concerned Court below within

                        four weeks from today, 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 C.J.M.,

                        Madhubani/ concerned Court below in connection with Pandaul

                        P.S. Case No. 108 of 2025, subject to the conditions laid down

                        in Section 438(2) of the Code of Criminal Procedure, 1973 /

                        Section 482 of the BNSS.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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