Patna High Court
Upendra Kumar @ Shailendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
Holding
Anticipatory bail is granted to the petitioner subject to the stipulated bond and conditions.
Summary
The petitioner, Upendra Kumar, was implicated in a case (Pipra Kothi PS Case No. 254 of 2025) for alleged assault on an informant's son and other offences under the Bihar Nagarik Suraksha Sanhita. He applied for anticipatory bail, claiming innocence and a clean antecedent, while the State opposed the relief. The court noted that the alleged injury was not grievous, the incident appeared to be a dispute between local groups, and the petitioner had no prior criminal record. Considering these factors, the court granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 438(2) of the CrPC and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, including cooperation with investigation and verification of antecedents. The order also directed that any concealment of criminal antecedent would lead to cancellation of the bail bond.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the alleged assault.
- Whether the petitioner’s lack of prior criminal antecedent warrants bail despite the seriousness of the offences.
- Whether the conditions imposed under Section 438(2) CrPC and Section 482(2) BNS are sufficient to safeguard the investigation.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- criminal antecedent
- assault
- Bihar Nagarik Suraksha Sanhita
- CrPC Section 438
- BNS Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9633 of 2026
Arising Out of PS. Case No.-254 Year-2025 Thana- PIPRAKOTHI District- East Champaran
======================================================
Upendra Kumar @ Shailendra Kumar Son of Nandlal Rai Resident of Village
- Makri Mahuawa, P.S. - Pipra Kothi, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pravin Kumar
For the Opposite Party/s : Mr.Ram Sevak Choudhary
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
3 01-04-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Pipra Kothi P.S. Case No. 254 of 2025, registered for the
offences punishable under Sections 126(2), 117(2), 118(1),
118(2), 109, 352, 303(2), 3(5) of BNS.
3. The prosecution story in brief is that on 27.07.2025
at about 5.30A.M., when the informant was returning after
placing cow dung on her land, the petitioner along with other
named accused persons came with lathi, fatha, iron rod and
started abusing her. When the informant protested, the petitioner
attacked with an iron rod on the head of the informant's son
namely Ramashankar and co-accused Nandlal Rai attacked with
knife on the head of the informant.
Patna High Court CR. MISC. No.9633 of 2026(3) dt.01-04-2026
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4. The learned counsel for the petitioner submits that
the petitioner is innocent and has falsely been implicated. He is
a person of clean antecedent. There is case and counter case.
5. On the other hand, the learned APP for the State has
opposed the prayer for bail.
6. The petitioner is gotiya of the informant. The attack
by the petitioner on the head of the informant’s son namely
Ramashankar has not led to any grievous injury. It prima facie
appears to be fight between the gotiyas. The petitioner also does
not bear any criminal antecedent. Considering all these aspects
of the matter, I am inclined to grant privilege of anticipatory bail
to the petitioner.
7. Let the petitioner, as named above, in the event of
his arrest or surrender within four weeks from today, be
enlarged on bail on furnishing bail bond of Rs.10,000/-(Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of learned Judicial Magistrate, Ist Class, Motihari,
East Champaran, Motihari in connection with Pipra Kothi P.S.
Case No. 254 of 2025, subject to the conditions laid down under
section 438(2) of the Code of Criminal Procedure/Section
482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and
subject to further condition that :-
Patna High Court CR. MISC. No.9633 of 2026(3) dt.01-04-2026
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(i) The petitioner shall co-operate in the investigation/
trial.
(ii) The learned Court below would, however, verify
the criminal antecedent of the petitioner and in case it is found
that the petitioner has concealed his criminal antecedent, the
Court below shall take step for cancellation of bail bond of the
petitioner. However, it is expected that the verification process
would be done expeditiously without causing any delay.
(Alok Kumar Sinha, J)
kundan/-
U T
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