Patna High Court
Kanhaiya KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted anticipatory bail to the petitioner.
Summary
The petitioner, Kanhaiya Kumar, sought anticipatory bail fearing arrest in a case (PS Warisaliganj No. 320 of 2025) involving alleged offences under several sections of the B.N.S., including assault causing a lacerated wound. The prosecution alleged that the petitioner assaulted Shanker Kumar, while the petitioner claimed innocence and asserted that the injury was minor and that he had only one prior criminal antecedent. The State opposed the bail, arguing the seriousness of the charges. The Court examined the nature of the alleged offences, the petitioner’s antecedent, and the statutory provisions governing anticipatory bail. Considering the facts, the Court allowed the anticipatory bail, 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 and Section 482 of the B.N.S. in view of the alleged offences and his criminal antecedent.
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.
- criminal procedure
- bail conditions
- assault
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91001 of 2025
Arising Out of PS. Case No.-320 Year-2025 Thana- WARISLIGANJ District- Nawada
======================================================
Kanhaiya Kumar S/o- Late Mahavir Mistry Village- Korma PS- Po-
Warsaliganj, Dist- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vivek Kumar Sinha, Advocate
For the Opposite Party/s : Mr.Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Warsaliganj P.S. Case No. 320 of 2025
registered for the offence under Sections 126(2), 115(2), 109,
118(1), 117(2), 125a, 3(5) of the B.N.S.
3. As per the prosecution case, petitioner is
accused of assaulting one Shanker Kumar causing lacerated
wound.
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 injury
sustained by the victim is simple in nature. Petitioner has one
criminal antecedent.
Patna High Court CR. MISC. No.91001 of 2025(2) dt.28-01-2026
2/2
5. Learned A.P.P. for the State opposes the prayer
for anticipatory bail of the petitioner.
6. Considering the aforesaid facts, 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.,
Nawada/ concerned Court below in connection with Warsaliganj
P.S. Case No. 320 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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