Patna High Court

Brajesh KumarversusThe State of Bihar

Decided: 28 January 2026
Disposal: BAIL GRANTED
Bench: SANDEEP KUMAR

Holding

The court granted anticipatory bail to the petitioner with specified conditions.

Summary

Brajesh Kumar petitioned the Patna High Court for anticipatory bail after learning that he might be arrested in connection with a criminal case (Civil Lines P.S. Case No. 92 of 2025) alleging offences under sections 351(2), 351(3), 85 and 3(5) of the B.N.S. and sections 3 and 4 of the Dowry Prohibition Act. The prosecution alleged that the petitioner, along with others, assaulted and tortured the victim. The petitioner claimed he was falsely implicated and sought relief. The court, relying on the Supreme Court’s decision in Arnesh Kumar v. State of Bihar (2014) 8 SCC 273, granted anticipatory bail subject to a bail bond of Rs. 10,000, two sureties of equal amount, and a condition to pay monthly maintenance of Rs. 10,000 to the informant. The order was made under Section 438(2) of the CrPC and Section 482 of the B.N.S.

Issues considered

Whether the petitioner is entitled to anticipatory bail under Section 438 of the CrPC in view of the allegations against him
Whether the Supreme Court precedent in Arnesh Kumar v. State of Bihar is applicable to the present case

Legislation cited

B.N.S. — s. 3(5), 351(2), 351(3), 482, 85
Code of Criminal Procedure, 1973 — s. 438(2)
Dowry Prohibition Act — s. 3, 4

Subjects

anticipatory bail
Criminal Procedure Code
false implication
Dowry Prohibition Act
Section 351
Section 438
Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91011 of 2025
                        Arising Out of PS. Case No.-92 Year-2025 Thana- CIVIL LINE District- Gaya
                 ======================================================
                 Brajesh Kumar Son of Mithlesh Kumar @ Mithilesh Kumar @ Mithlesh
                 Prasad @ Mithilesh Prasad Resident of Village- Kandha, P.S.- Wazirganj,
                 District- Gaya

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Priya Kumari Daughter of Sri Duryodhan Mehta Resident of Ratan Niwas,
                 Koyribari, P.S.- Civil Lines, District- Gaya

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

2   28-01-2026                      Heard learned counsel for the petitioner, learned

                   counsel for the informant and learned APP for the State.

                                   2. The petitioner apprehends his arrest in connection

                   with Civil Lines P.S. Case No. 92 of 2025 registered for the

                   offence under Sections 351(2), 351(3), 85 and 3(5) of the B.N.S.

                   and Sections 3 and 4 of the Dowry Prohibition Act.

                                   3. As per the prosecution case, the petitioner and

                   others are accused of assaulting and torturing 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.

                                   5. Learned counsel for the informant has opposed the

                   application of the petitioner.
              Patna High Court CR. MISC. No.91011 of 2025(2) dt.28-01-2026
                                                          2/2




                                        6 . Considering the submission of the parties and in

                        view of the law laid down by the Hon’ble Supreme Court in the

                        case of Arnesh Kumar Vs. State of Bihar reported in (2014) 8

                        SCC 273, this application of grant of anticipatory bail 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 ACJM-V, Gaya/concerned

                        Court below in connection with Civil Lines P.S. Case No. 92 of

                        2025, subject to the conditions laid down in Section 438(2) of the

                        Code of Criminal Procedure, 1973 / Section 482 of the BNSS.

                                        8. As a condition of this order, the petitioner is

                        directed to pay a maintenance amount of Rs. 10,000/- from the

                        month of January, 2026 to the informant and the maintenance for

                        the month of January, 2026 shall be paid to the informant before

                        31.01.2026 and thereafter the maintenance amount shall be paid to

                        the informant every month before the 10 th day of the month.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T

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