CR. MISC./39331/2026 of Prakash Kumar Vs The State of Bihar on 13 August 2026

ORAL ORDER

13-08-2026 Both these applications arise out of same P.S. Case, they are heard together and are being disposed of by this common order.

2. Heard learned senior counsel appearing on behalf of the petitioners and learned Additional Public Prosecutor for the State.

3. These applications for anticipatory bail arise out of Bakhtiyarpur P.S. Case No. 205 of 2026 for the offences punishable under Sections 126(2), 115(2), 118(1), 352 and 3(5) of the B.N.S.

4. As per the prosecution case, on 27.03.2026, at 6:30 AM, when the father of the informant, namely, Jyoti Kumar, asked his brother Prakash Kumar that he has to sell some land for the purpose of marriage of his daughter, then Prakash Kumar and his son Pranav Kumar @ Rohit Kumar, both petitioners herein, started abusing his father, upon protest, the petitioners assaulted his father by means of iron rod, as a result he received head injury and fell down on the ground and became unconscious. His father was initially taken to Primary Health Center, Bakhtiyarpur, from where he was referred to PMCH, Patna, after getting stitch on his injury.

5. Learned senior counsel appearing on behalf of the petitioners has submitted that the petitioners have falsely been implicated in this case, both the parties are from descendants of common ancestor and, referring to the injury reports of the father of the informant, it has been submitted that, initially, the opinion regarding injury was kept reserved, but subsequently the injury was opined to be simple in nature, when no calvarial fracture and intracranial hematoma was seen in the brain. It has further been submitted that there is serious land dispute between the parties and, in the said background, the present allegation has been leveled. It has further been submitted that there is no repetition of blow against the petitioners. It has further been submitted that petitioner Pranav Kumar @ Rohit Kumar is a man of young age and he is preparing for different competitive exams. It has lastly been submitted that Pranav Kumar @ Rohit Kumar has got no criminal antecedent, while petitioner Prakash Kumar was accused in one another case in which he is on bail.

6. Learned counsel for the State as well as learned counsel for the informant opposed the prayer of anticipatory bail of the petitioners and have submitted that there are specific allegations against the petitioners.

7. Heard the parties and perused the record. Considering the facts and circumstances including the injury report of the father of the informant, let the petitioners above named, in the event of their arrest/surrender within six weeks from today in the Court below, 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 the learned Additional Chief Judicial Magistrate-III, Barh, in connection with Bakhtiyarpur P.S. Case No. 205 of 2026, subject to the conditions as laid down under Section 482(2) of the B.N.S.S.

Abdus/- (Praveen Kumar, J) U T