Anup Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24213 of 2026 Arising Out of PS. Case No.-430 Year-2025 Thana- MANJHAGARH District- Gopalganj ====================================================== Anup Kumar Son of Suresh Ram Resident of Dhankhan (Chamtoli) P.S -Manjhagarh, Dist- Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vyas Kumar Mishra, Adv.
For the Opposite Party/s :
Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 15-07-2026 Heard learned Advocate for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Manjhagarh P.S. Case No.430 of 2025 registered for the offences punishable under Sections 126(2), 118(1), 109(1) and 303(2) of the BNS.
3. Allegedly, in the night of 29.11.2025, the son of the informant was called by the petitioner, and upon reaching the place of occurrence, the petitioner allegedly snatched his mobile phone, brutally assaulted him, and thereafter threw him into the river. It is alleged that the injured sustained serious injuries and was subsequently taken to the hospital for treatment.
4. Learned Advocate for the petitioner submitted that the entire prosecution case falls to the ground for the simple
Patna High Court CR. MISC. No.24213 of 2026(3) dt.15-07-2026 2/3 reason, as during the course of investigation, it has come that the injured was on cordial terms with the petitioner's sister and had gone to her house in the night of 29.11.2025. Upon hearing some noise, the family members woke up, whereupon the injured allegedly jumped from the house in an attempt to flee and, in the process, sustained injuries. It is further submitted that a similar version has been corroborated by another witness, whose statement has been recorded in paragraph 18 of the case diary. It is also argued that the informant is not an eyewitness to the alleged occurrence. Moreover, when the statement of the injured was recorded during investigation, he merely alleged that the petitioner assaulted him with a brick and snatched his mobile phone.
It is also contended that the injuries sustained by the injured have been found to be simple in nature, as is evident from the injury report. The petitioner is a man of tender age having no criminal antecedent and undertakes that he will fully cooperate in the proceedings of the Court.
5. Learned Advocate appearing for the State vehemently opposed the prayer for bail and submitted that the petitioner brutally assaulted the son of the informant due to which he sustained serious injuries.
6. Regard being had to the submissions advanced on
Patna High Court CR. MISC. No.24213 of 2026(3) dt.15-07-2026 3/3 behalf of the parties and considering the materials collected during the course of investigation, besides the simple nature of injuries as also the fair antecedent of the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Manjhagarh P.S. Case No.430 of 2025, subject to the condition as laid down under Section 482(2) of the BNSS, with further condition that one of the bailors shall be the own/close family members of the petitioner.
(Harish Kumar, J) rohit/- U T