SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2025 Supreme(Online)(Pat) 2548

PATNA HIGH COURT
Anil Kumar Sinha, J
Deepak Kumar @ Deepak Mandal – Appellant
Versus
The State of Bihar – Respondent
CRIMINAL MISCELLANEOUS No.74486 of 2025 | CRIMINAL MISCELLANEOUS No. 74570 of 2025



Advocates:
For the Appellants/Petitioners: Mr. Amrendra Kumar Jha
For the Respondents: Dr. Ajeet Kumar, A.P.P.

Anticipatory bail can be granted when allegations are general and injuries are not grievous.

Headnote:The court analyzed the anticipatory bail applications under relevant sections of the Bhartiya Nyaya Sanhita and summarized the facts of the case, noting that the petitioners were accused of assault and injury, while showing that injuries sustained were not grievous as per the injury report. The issues of general allegations and prior disputes were also addressed. The court granted anticipatory bail due to the nature of the injuries and enmity between parties.

Table of Content
1. bail allowed under conditions specified. (Para 8)

CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

2 03-12-2025 Since both these anticipatory bail applications arise out of Tarapur Police Station Case No. 74 of 2025, with the consent of the parties, both these applications are heard together.

2. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

3. These applications, for grant of anticipatory bail, 23.08.2025, disclosing offences punishable under Sections 126(2), 190, 191(2), 117(2), 109(1) 76, 351(2)(3) and 352 of the Bhartiya Nyaya Sanhita .

4. The prosecution case, as per the First Information Report, is that on 29.03.2025 at about 09:10 p:m, in the evening while the informant was going to attend natures call, the petitioners started abusing and upon protest, they assaulted the informant and outraged her modesty.

5. Learned counsel for the petitioners submits that the allegation against the petitioners are general and omnibus in nature. Victims have sustained simple injury as per injury report annexed at Annexure P/3 series. The findings recorded in the impugned order, regarding grievous injury to the victims is an error of record inasmuch as from the injury report annexed herewith, the victims have sustained simple injury. Both the parties are agnates, having previous dispute and the case and counter case is there and the FIR lodged by the petitioner, namely Rekha Devi bearing Tarapur P.S. Case No. 71 of 2025 against the informant and other accused persons, prior in time to the present FIR which is annexed at Annexure P/2 series

6. Regards being had to the submissions made by parties and taking into consideration the fact that both the parties are agnates having previous enmity, injuries sustained by victims are simple in nature, case and counter case is there, I am inclined to grant the petitioners privilege of anticipatory bail.

7. This application is, accordingly, allowed.

8. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks, be released 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 Chief Judicial Magistrate, Munger in subject to the condition laid down under Section 482 (2) of the B.N.S.S.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top