Bishun @ Bishanu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47549 of 2026 Arising Out of PS. Case No.-116 Year-2025 Thana- KHAJEKALA District- Patna ====================================================== Bishun @ Bishanu Kumar Son of Late Mahendra Prasad @ Ajay Choudhary Resident of Village- Sadar Gali, Danka Kucha Jhoparpatti, P.S.- Khajekalan, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Kumar, Advocate For the Opposite Party/s :
Mrs. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 22-07-2026 Heard the parties.
2. The petitioner is apprehending his arrest in connection with Khajekalan P.S. Case No. 116 of 2025 for the offence under sections 126(2), 115(2), 118(1), 351 and 352 of the BNS lodged on 18.03.2025 by the informant, Sanjay Kumar.
3. As per the prosecution story, the informant alleged that while he was returning home, this petitioner threw a ball on him and on raising alarm and objection, when his niece came to the rescue, she was also assaulted. There is injury on his head which followed the FIR.
4. Learned counsel for the petitioner submits that there was no intention to throw the ball, but later, due to issue, a scuffle took place which has been exaggerated, the injury has
2/4 been found to be simple in nature and he do not have any criminal antecedent. Further, the submission is that without accepting the allegation and/or the outcome of the present petition in view of the fact that the informant's side has alleged injuries, the petitioner on its own would like to contribute Rs. 10,000/- towards the medical assistance through Demand Draft issued by the local State Bank of India/any Nationalized Bank branch to be submitted before the 'NAZARAT' of concerned Court to be handed over to the informant after checking the credentials.
5. Learned APP opposes the prayer though concede that the injury has been found to be simple in nature.
6. Taking into account the submissions of the parties as also that the injury has been found to be simple in nature and he do not have any criminal antecedent, in that background, this Court is inclined to extend him the privilege of anticipatory bail with conditions subject to payment of Rs. 10,000/- as undertaken by the learned counsel for the petitioner to be paid by Demand Draft of local State Bank of India branch/any Nationalized bank branch to be submitted to the Trial Court and handed over to the informant/injured.
7. Let the petitioner be released on bail in the event of
3/4 arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Patna City in connection with Khajekalan P.S. Case No. 116 of 2025 subject to the following conditions:
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document (Aadhaar Card/Voter ID Card/Pan Card/Driving License) 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 appear before the concerned police station every month for six months to mark his attendance and after the end of the period, the certificate shall be submitted before the Trial Court failing which steps shall be taken for the cancellation of the bail bonds; (iv) 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
4/4 cancellation of the bail bonds;
(v) 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. (Rajiv Roy, J) Adnan/- U T