Patna High Court
Deepak KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioners.
Summary
The petitioners, Deepak Kumar and Baban Kumar, applied for anticipatory bail under Section 438 of the CrPC in connection with a FIR alleging assault and other offences under the BNS, 2023. The FIR stemmed from an incident where the informant's son was allegedly attacked by the petitioners, but the petitioners claimed they were falsely implicated as retaliation for a counter‑FIR they had lodged. The counsel highlighted that the injury to the victim was simple and that there existed a case‑and‑counter‑case between the parties. Considering the nature of the allegations, the counter‑allegations, and the minor injury, the court was inclined to grant anticipatory bail. The application was allowed, directing that the petitioners be released on bail upon furnishing a bond and sureties, subject to conditions under Section 438(2) CrPC and Section 482(2) of the BNS, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 CrPC given the allegations and counter‑allegations.
- Whether the nature of the injury and the existence of a counter‑FIR justify the grant of anticipatory bail.
Legislation cited
- BNS, 2023 — s. 109(1), 115(2), 126(2), 3(5), 352
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 BNS
- false implication
- counter FIR
- simple injury
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91498 of 2025
Arising Out of PS. Case No.-293 Year-2025 Thana- SOHSARAI District- Nalanda
======================================================
1. Deepak Kumar S/o- Raj Kumar Mahto Village- Mansur Nagar, P.S.-
Sohsarai, District- Nalanda
2. Baban Kumar @ Baban Prasad S/o- Baleshwar Prasad R/v- Badhi Pathari
Ps- Laheri Dist-Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bishwa Bijay Kumar
For the Opposite Party/s : Mr. Rajendra Nath Jha
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 17-02-2026 1. Heard learned Counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail,
arises out of Sohsarai Police Station Case No. 293 of 2025,
disclosing offences under Sections 115(2), 126(2), 109(1), 352,
3(5) of the BNS, 2023.
3. As per the FIR, on 26.09.2025, while the
youngest son of the informant, namely Rajiv Kumar, was
returning back towards home, he was surrounded by the
petitioners and other accused persons who assaulted the son of
the informant on his head, chest and back with sticks and
punches, calling him thief.
Patna High Court CR. MISC. No.91498 of 2025(2) dt.17-02-2026
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4. Learned counsel for the petitioner submits that
the petitioners have falsely been implicated in this case on
account of the fact that petitioner no. 2 is the owner of the
banquet hall in which a theft was committed by the informant's
son and other accused persons, for which petitioner no. 2 lodged
an FIR bearing Sohsarai P.S. Case No. 292 of 2025, dated
26.09.2025. After lodging the FIR by the petitioner no. 2, as a
counterblast, the present FIR has been lodged by the informant
on 27.09.2025. Referring to the injury report, learned counsel
submits that the injury sustained by the victim is simple in
nature.
5. Having regard to the submissions made on
behalf of the parties and taking into consideration the nature of
allegation made in the FIR and the fact that there is a case and
counter case between the parties, having allegation and counter-
allegation, and the injury sustained by the victim is simple in
nature, I am inclined to grant the petitioners privilege of
anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioners, above named, in the event of
their arrest or surrender before the Court below within four
weeks, be released on bail on furnishing bail bond of Rs.
Patna High Court CR. MISC. No.91498 of 2025(2) dt.17-02-2026
3/3
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Judicial Magistrate, 1st Class,
Bihar Sharif at Nalanda, in connection with Sohsarai Police
Station Case No. 293 of 2025, subject to the condition laid
down under Section 438 (2) of the Code of Criminal
Procedure/Section 482(2) of the BNSS, 2023.
(Anil Kumar Sinha, J)
HarshPandey/-
U T
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