Patna High Court
Sunil Gope @ Sunil KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioners.
Summary
The petitioners, seven residents of Kripatola, sought anticipatory bail fearing arrest in a case registered under multiple sections of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act. The prosecution alleges that the accused assaulted the informant's younger brother with bricks and stones and also snatched a gold locket worth Rs. 8,000. The petitioners contend that the incident arose from an altercation during work on a public tender for a park, resulting only in minor injuries, and that the more serious allegations are merely ornamental. The State opposed the bail application, emphasizing the gravity of the offences. The Court, after considering the nature of the accusations and the extent of injuries, granted anticipatory bail, directing that if arrested within eight weeks the petitioners may be released on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nyaya Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bharatiya Nyaya Sanhita given the alleged offences and injuries.
Legislation cited
- Arms Act, 1959 — s. 27
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 126(2), 190, 191(2), 191(3), 303(2), 351(2), 351(3), 352, 482(2)
Subjects
- anticipatory bail
- assault
- theft
- Arms Act
- public tender dispute
- criminal procedure
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1048 of 2026
Arising Out of PS. Case No.-28 Year-2025 Thana- NADI P.S. District- Patna
======================================================
1. Sunil Gope @ Sunil Kumar S/o Beyas Roy @ Beyas Singh R/o Village -
Kripatola, P.S - Nadi, District - Patna
2. Mithilesh Kumar S/o Rambabu Roy R/o Village - Kripatola, P.S - Nadi,
District - Patna
3. Jay Prakash Kumar @ Jayprakash Kumar S/o Rambabu Roy R/o Village -
Kripatola, P.S - Nadi, District - Patna
4. Kamlesh Gope @ Kamlesh Kumar S/o Beyas Roy @ Beyas Singh R/o
Village - Kripatola, P.S - Nadi, District - Patna
5. Ashish Kumar S/o Naresh Roy R/o Village - Kripatola, P.S - Nadi, District -
Patna
6. Akash Kumar @ Kundan Kumar @ Pawan S/o Rambabu Roy @ Ram
Prasad Ray R/o Village - Kripatola, P.S - Nadi, District - Patna
7. Beyas Roy @ Beyas Singh S/o Late Yadunandan Singh @ Yadunandan Roy
R/o Village - Kripatola, P.S - Nadi, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Akshansh Ankit, Advocate
For the Opposite Party/s : Ms. Nirmala Kumari, Addl. Public Prosecutor
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 22-01-2026 Heard learned counsel for the petitioners and the
State.
2. Petitioners apprehend arrest in a case registered for
the offences punishable under Sections 191(2), 191(3), 190,
126(2), 115(2), 109, 303(2), 352, 351(2), 351(3) of the
Bharatiya Nyaya Sanhita and Section 27 of the Arms Act.
3. As per prosecution case, all the F.I.R. named
accused persons, including these petitioners, assaulted younger
brother of the informant by means of bricks and stones, etc. It is
Patna High Court CR. MISC. No.1048 of 2026(2) dt.22-01-2026
2/2
further alleged that accused persons also snatched gold locket
worth Rs. 8,000/-.
4. Learned counsel for the petitioners submits that
during course of work related to public tender with regard to
public park, altercation took place between the parties in which
both sides sustained injuries. Case and counter case. Injuries
sustained by the injured are simple in nature. Rest of the
allegations are ornamental only to make the case grave.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the nature of accusation and injuries,
this anticipatory bail is allowed and it is ordered that let the
above named petitioners in the event of their arrest/surrender
before the court below within a period of eight weeks from
today, be enlarged 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 Judicial Magistrate-I, Patna
City in connection with Nadi P. S. Case No. 28 of 2025, subject
to condition as laid down under Section 482(2) BNSS.
(Prabhat Kumar Singh, J)
Navya/-
U T
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