Patna High CourtCR. MISC./48048/2026bail granted

Ishwarchand Vidya Sagar v. The State Of Bihar

2026-07-22Mr. Justice Ajit Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48048 of 2026 Arising Out of PS. Case No.-142 Year-2026 Thana- Kharagpur District- Munger ====================================================== Ishwarchand Vidya Sagar S/o Parshuram Tanti Resident of village - Kanhaiya Tola, P.S.- Haveli Kharagpur, Distt.- Munger ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kumar Kamal Nayan, Adv.

For the Opposite Party/s :

Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 22-07-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Kharagpur P.S. Case No. 142 of 2026 dated 18.04.2026 registered for the offence punishable under Section/s 126(2), 115(2), 329(4), 74, 303(2), 3/5 of the B.N.S., 2023.

3. As per the prosecution case, the accusation against the petitioner is of misbehaving and assaulting the Informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the instant case. Counsel for the petitioner by referring to the impugned order submits that the allegation of slapping and causing injury to the Informant is against the co-accused Parshuram Tanti, who is the father of the petitioner and has already been allowed privilege of anticipatory bail by the learned court below itself. It is further

Patna High Court CR. MISC. No.48048 of 2026(2) dt.22-07-2026 2/3 submitted that the injury caused to the Informant is said to have been simple in nature. It has next been submitted that the Informant and her elder brother in connivance were creating pressure on his father to partition the property and, on refusal, the instant case has been registered with an oblique motive. It is the case of the petitioner that there is nothing specific against the petitioner while he has two antecedents in which he is on bail. Learned counsel for the petitioner further submits that the petitioner will not commit such mistake in future and will also maintain cordial relationship in the family after his being released on anticipatory bail.

5. Learned APP for the State opposes the prayer for grant of anticipatory bail.

6. Having heard learned counsel for the parties and considering the fact that there is nothing specific against the petitioner and the co-accused, against whom there is specific allegation of assaulting the Informant, has already been granted privilege of anticipatory bail by the learned court itself and, as also, the injury having been found to be simple in nature, let the petitioner, above named, be released on anticipatory bail in the event of his arrest or surrender before the court below within a period of six weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.48048 of 2026(2) dt.22-07-2026 3/3 each to the satisfaction of learned Chief Judicial Magistrate, Munger in connection with Kharagpur P.S. Case No. 142 of 2026, subject to the condition as laid down under Section 482(2) of the B.N.S.S. as well as the following conditions: (i) One of the bailors should be the family member/relative/known of the petitioner who shall provide official document / personal affidavit to show his/her bona fide; (ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.

(Ajit Kumar, J) rishi/- U T