Patna High Court
Vishwadev Anand @ Vishwanand Jha @ Anand JhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- B.N.S. — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
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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