Anjesh Prasad @ Kumbkaran Kumar @ Kumbhkaran Kumar @ Kumkaran Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Anjesh Prasad @ Kumbkaran Kumar @ Kumbhkaran Kumar @ Kumkaran Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail allowed: petitioner Anjesh Prasad @ Kumbkaran Kumar @ Kumbhkaran Kumar @ Kumkaran to be released on bail in the event of his arrest or surrender before the court below within four weeks of receipt/production of a copy of the order, upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya, in connection with Nimchak Bathani P.S. Case No. 246 of 2024, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, and the further condition that one of the bailors shall be the own/close family members of the petitioner.

Issue for consideration

Whether the petitioner, who apprehends arrest in connection with Nimchak Bathani P.S. Case No. 246 of 2024 (offences under the Bhartiya Nyaya Sanhita 2023), should be released on bail in the event of his arrest or surrender.

Court's answer

Having regard to the submissions of both sides, the Court considered the existence of the case and the counter case, the simple nature of the injuries, and the genesis of the occurrence, and on those considerations directed release on bail.

Ratio / Principle

The petitioner abovenamed is to be released on bail, in the event of his arrest or surrender before the court below within four weeks from receipt/production of a copy of the order, upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Gaya, in connection with Nimchak Bathani P.S. Case No. 246 of 2024.

Key takeaways

The release is made subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, with the further condition that one of the bailors shall be the own/close family members of the petitioner.ratio¶6

Detailed headnote1 paragraphs

ANTICIPATORY BAIL GRANTED (Patna HC, CR. MISC. No.51241 of 2025, Harish Kumar, J., 19-11-2025). The petitioner, apprehending arrest in Nimchak Bathani P.S. Case No. 246 of 2024 (District Gaya) for offences under Sections 126(2), 115(2), 109, 303(2), 125(a), 125(b), 352, 351(2), 351(3), 3(5) of the Bhartiya Nyaya Sanhita 2023 — alleged group assault on the informant with bricks/stones and iron rod causing head injury, snatching of Rs. 50,000 and a golden chain, and assault on the informant's father — was ordered to be released on bail in the event of arrest or surrender within four weeks, upon a bond of Rs.10,000/- (ten thousand) with two like sureties to the satisfaction of the learned CJM, Gaya. The grant rested on the Court's consideration of the case and counter case (cross-FIR Nimchak Bathani P.S. Case No. 247 of 2024 instituted by the petitioner's cousin (sister)), the simple nature of the injuries, and the genesis of the occurrence. Release made subject to Section 482(2) BNSS 2023 conditions and the further condition that one bailor be the petitioner's own/close family member.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.51241 of 2025

Arising Out of PS. Case No.-246 Year-2024 Thana- NIMCHAKBATHANI District- Gaya

======================================================

Anjesh Prasad @ Kumbkaran Kumar @ Kumbhkaran Kumar @ Kumkaran S/o Sikandar Yadav R/o Vill- Dharambigha, P.S.- Neemchak Bathani, DisttGaya

... ... Petitioner

Versus

The State of Bihar

... ... Opposite Party ====================================================== Appearance : For the Petitioner : Ms. Isha Mishra, Advocate For the Opposite Party : Mrs. Nirmala Kumari, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

3 19-11-2025 Heard Ms. Isha Mishra, learned Advocate for the

petitioner and Mrs. Nirmala Kumari, learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with Nimchak Bathani P.S. Case No. 246 of 2024, registered for the offences punishable under Sections 126(2), 115(2), 109, 303(2), 125(a), 125(b), 352, 351(2), 351(3), 3(5) of the Bhartiya Nyaya Sanhita 2023.

Allegedly, while the informant was going to his maternal uncle’s place on a vehicle, in the meanwhile, the petitioner along with other co-accused persons intercepted him and started assaulting by means of bricks and stones. It is specifically alleged that when the same was objected by the informant, the petitioner along with co-accused Suraj Kumar

Patna High Court CR. MISC. No.51241 of 2025(3) dt.19-11-2025 2/3

assaulted him by means of iron rod, due to which he sustained head injuries. There is further allegation of snatching of rupees 50,000.00 and a golden chain; besides causing assault to the father of the informant who came to his rescue.

Learned Advocate for the petitioner submitted that there is a counter version of the present case being Nimchak Bathani P.S. Case No. 247 of 2024 instituted by the cousin (sister) of the petitioner against the informant and others. The injury, which is allegedly sustained to the informant and his father are concerned, they have been found to be simple in nature, moreover, the petitioner bears one criminal antecedent, however, he is on bail in the said case. It is lastly contended that in fact on account of previous enmity, both the parties entered into scuffle resulting into some unfortunate injuries.

On the other hand, learned Advocate for the State vehemently opposed the bail application and submitted that because of the assault being made by the petitioner, the informant sustained head injury.

Regard being had to the submissions advanced by the learned Advocates for the respective parties and considering the factum of case and counter case coupled with simple nature of injuries; besides the genesis of the occurrence, let the

Patna High Court CR. MISC. No.51241 of 2025(3) dt.19-11-2025 3/3

petitioner abovenamed be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya, in connection with Nimchak Bathani P.S. Case No. 246 of 2024 subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, with the further condition that one of the bailors shall be the own/close family members of the petitioner.

(Harish Kumar, J)

Pawan/-

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