Anish Yadav @ Anish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65527 of 2025 Arising Out of PS. Case No.-113 Year-2025 Thana- CHIKSAUR District- Nalanda ====================================================== Anish Yadav @ Anish Kumar S/o- Ranjit Prasad Vill - Chakmahadipur, P.S - Chiksaura, Dist - Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Birendra Kumar, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Pandey, APP For the Informant :
Mr. Rajeev Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 25-09-2025 Heard Mr. Birendra Kumar, learned counsel appearing on behalf of the petitioner; Mr. Sanjay Kumar Pandey, learned APP appearing on behalf of the State and Mr. Rajeev Kumar, learned counsel appearing on behalf of the Informant.
2. The petitioner apprehends his arrest in connection with Chiksaura P.S. Case No. 113 of 2025 registered under Sections 126(2),115(2),118(1),109(1),352,3(5) of the BNS and Section 27 of the Arms Act.
3. As per the allegation made in the FIR, the petitioner along with other co-accused, armed with weapon, assaulted the informant.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.65527 of 2025(2) dt.25-09-2025 2/3 petitioner submitted that the petitioner is innocent and he has falsely been implicated in the present case. The petitioner in spur of the moment, in self-defence, may have caused some injury on the person of the informant, without intention. He further submitted that the injury sustained by the informant has been opined by the doctor to be simple in nature. There is case and counter case between the parties arising out of the same incidence. On these grounds the petitioner seeks to be released on pre-arrest bail.
5. Learned counsel appearing on behalf of the informant has vehemently opposed the prayer for grant of prearrest bail.
6. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail.
7. Having considered the rival submissions made on behalf of the parties, as well as, the fact that the petitioner in spur of the moment, in self-defence, may have caused some injury on the person of the informant, without intention, the injury sustained by the informant has been opined by the doctor to be simple in nature. There is case and counter case between the parties arising out of the same incidence, I am of the opinion that the petitioner has, prima facie, made out a case to be
Patna High Court CR. MISC. No.65527 of 2025(2) dt.25-09-2025 3/3 released on anticipatory bail.
8. The learned District Court is directed to release the petitioner on anticipatory bail, in the event of his arrest or surrender before the learned District Court 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 District Court where the case is pending in connection with Chiksaura P.S. Case No. 113 of 2025, subject to the condition as laid down under Section 482 of the BNSS.
9. The learned District Court is directed to verify the criminal antecedent of the petitioner, as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner, as what has been stated in paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J) Ashishsingh/- U T