Patna High Court
Kallu Kumar @ Ranjit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted anticipatory bail to the petitioner subject to bond and surety conditions.
Summary
The petitioner, Kallu Kumar, sought anticipatory bail after an FIR alleged that he, along with others, harassed, molested, and assaulted the informant and her family, and stole a gold chain. The petitioner claimed innocence, clean antecedents, and that the assault allegation was vague and the injury minor, while noting a two‑day delay in filing the FIR. The State opposed the bail, arguing the seriousness of the offences under Sections 126(2), 115(2), 303(2), 74, 78 and 3(5) of the Bhartiya Nyaya Sanhita. The court examined the nature of the alleged offences, the delay, and the petitioner’s background, and concluded that anticipatory bail was appropriate. Accordingly, the court granted anticipatory bail subject to a Rs.10,000 bond, two sureties of the same amount, and conditions under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 in view of the allegations under the Bhartiya Nyaya Sanhita.
- Whether the FIR and the nature of the alleged offences justify denial of anticipatory bail.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
- Bhartiya Nyaya Sanhita — s. 115(2), 126(2), 303(2), 3(5), 74, 78
Subjects
- anticipatory bail
- Bhartiya Nyaya Sanhita
- Bhartiya Nagrik Suraksha Sanhita
- Section 482
- criminal procedure
- FIR
- harassment
- molestation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89647 of 2025
Arising Out of PS. Case No.-795 Year-2025 Thana- ALAMGANJ District- Patna
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Kallu Kumar @ Ranjit Kumar, Son of Raju Beldar @ Raju Prasad, R/o Near
Pitambara Mandir, Beldar Toli, Gur Kin Mandi, P.S. - Alamganj, Dist. - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajeev Kumar Ambastha, Advocate
For the Opposite Party/s : Mr. Anand Kishore Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and the
learned A.P.P. for the State.
2. The petitioner apprehend his arrest in a case
registered for the offence under Sections 126(2), 115(2),
303(2), 74, 78 and 3(5) of the Bhartiya Nyaya Sanhita.
3. As per FIR, the informant namely, Madhubala
Singh alleges that on 25.07.2025, accused harassed and
molested the informant. It is further alleged that the petitioner
along with accused persons assaulted informant’s brother and
her son. They also snatched informant’s brother’s gold chain.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. The
allegation of assault against the petitioner is general and
omnibus. The injury sustained by the injured, is simple in
Patna High Court CR. MISC. No.89647 of 2025(2) dt.15-01-2026
2/2
nature. The FIR was lodged after a delay of two days.
Petitioner claims clean antecedent.
5. Learned A.P.P. for the State opposed the bail
petition of the petitioner.
6. Considering the facts and circumstance of the case
and nature of injury, the prayer for anticipatory bail of petitioner
is allowed. Let the above named petitioner, in the event of his
arrest/surrender within a period of eight weeks from today, be
enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of learned A.C.J.M.-VI, Patna City, Patna, in
connection with Alamganj P.S. Case No. 795 of 2025, subject to
condition as laid down under Section 482 of the Bhartiya Nagrik
Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
khushbu/-
U T
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