Himanshu Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Himanshu Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted to both petitioners: in the event of their arrest or surrender before the court below within eight weeks, to be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1st, Barh, Patna, in connection with Barh P.S. Case No. 381 of 2025, subject to the condition laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Issue for consideration

Whether the petitioners, apprehending arrest in Barh P.S. Case No. 381 of 2025 registered for offences under Sections 126(2), 115(2), 118, 303(2), 109 and 3(5) of the B.N.S., are entitled to anticipatory bail.

Court's answer

Anticipatory bail is allowed: considering the aforesaid facts, the nature of injury and other circumstances of the case, the petitioners apprehending arrest shall, upon arrest or surrender before the court below within a period of eight weeks, be enlarged on bail.

Ratio / Principle

Bail terms: on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each, to the satisfaction of the learned Court of Additional Chief Judicial Magistrate-1st, Barh, Patna, in connection with Barh P.S. Case No. 381 of 2025, subject to the condition laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Detailed headnote1 paragraphs

Anticipatory bail allowed (Prabhat Kumar Singh, J., Patna High Court, Cr. Misc. No.82824 of 2025, order dated 05-01-2026) in favour of two petitioners apprehending arrest in Barh P.S. Case No. 381 of 2025 (District Patna), registered for offences punishable under Sections 126(2), 115(2), 118, 303(2), 109 and 3(5) of the B.N.S., arising from an F.I.R. alleging that the petitioners, with other co-accused, assaulted the informant on his head with iron rod (allegedly also Chholni), causing multiple injuries. Counsel for the petitioners had urged that no specific assault allegation lay against them, the occurrence (18.06.2025) preceded the F.I.R. (24.06.2025) by an unexplained six days, the dispute arose from a petty fishing altercation, the allegations were general and omnibus, and the injuries were simple; the State opposed. Considering the facts, nature of injury and other circumstances, the Court directed that on arrest/surrender within eight weeks the petitioners be enlarged on bail on bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each before the learned Additional Chief Judicial Magistrate-1st, Barh, Patna, subject to the condition under Section 482(2), Bharatiya Nagarik Suraksha Sanhita.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.82824 of 2025

Arising Out of PS. Case No.-381 Year-2025 Thana- BARH District- Patna

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

Himanshu Kumar S/o Naresh Paswan R/o Village - Kali Asthan Malahi, P.S - Barh, District - Patna

Kapildev Paswan S/o Jagayan Paswan R/o Village - Kali Asthan Malahi, P.S - Barh, District - Patna

... ... Petitioner/s

Versus

The State of Bihar Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Ashok Kumar Kashyap, Adv. For the Opposite Party/s : Mr. Ram Anurag Singh, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

2 05-01-2026

Heard learned counsel appearing on behalf of the

petitioners and learned APP appearing on behalf of the State.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 126(2), 115(2), 118, 303(2), 109 and 3(5) of the B.N.S.

As per F.I.R. allegation against these petitioners is that they along with other co-accused persons assaulted the informant by means of Chholni and iron rod on his head due to which he sustained multiple injuries.

Learned counsel for the petitioners submit that petitioners are innocent and have committed no offence as alleged. No specific allegation of assault is against these petitioners. The alleged occurrence took place on 18.06.2025 but the FIR has been lodged on 24.06.2025 i.e. after the delay of

Patna High Court CR. MISC. No.82824 of 2025(2) dt.05-01-2026 2/2

six days for which there is no explanation for the same. It is further submitted that due to petty dispute over fishing in pond, an altercation took place between the parties. Allegation is general and omnibus in nature against these petitioners. Injuries sustained by the injured are simple in nature.

Learned A.P.P. for the State vehemently opposed the bail application.

Considering the aforesaid facts, nature of injury and other circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Court of Additional Chief Judicial Magistrate-1st, Barh, Patna in connection with Barh P. S. Case No. 381 of 2025, subject to condition as laid down under Section Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

(Prabhat Kumar Singh, J)

shivam/-

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