Patna High Court
Suraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that anticipatory bail must be granted, subject to conditions, because the petitioner was not directly implicated in the specific violent acts and had a clean antecedent.
Summary
Suraj Kumar Sonk was implicated in an FIR alleging assault, stabbing and theft of a silver chain. He applied for anticipatory bail, arguing that the specific charge of stabbing pertained only to a co‑accused and that he was merely accused of snatching the chain, with no overt act proven against him. The State opposed the bail. The court examined the nature of the accusations and the petitioner's clean antecedent. Finding that the allegations did not constitute a specific overt act by the petitioner and considering his good record, the court granted anticipatory bail. The bail was conditioned on a bond of Rs.10,000 with two sureties and subject to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner given the nature of the accusations and his clean antecedent
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 118(1), 126(2), 190, 191(2), 303(2), 351(2)(3), 352
Subjects
- anticipatory bail
- clean antecedent
- criminal procedure
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- Section 482
- assault
- theft
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12305 of 2026
Arising Out of PS. Case No.-129 Year-2025 Thana- Ghogha District- Bhagalpur
======================================================
Suraj Kumar Sonk of Guljari Thakur @ Guljari Lal Thakur Resident of
Village- Pakkisarai, P.S.- Ghogha, District- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Prakash Dwivedi, Advocate
For the Opposite Party/s : Mr. Surendra Prasad Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 24-02-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 115(2), 126(2), 118(1),
109, 190, 191(2), 303(2), 352, 351(2)(3) of the Bharatiya Nyaya
Sanhita.
3. Prosecution case, in brief, is that all the F.I.R.
named accused person, including this petitioner, assaulted son of
informant with lathi and knife. Co-accused Nitish Thakur
stabbed on the back of the son of informant and on the hand of
informant with knife. Petitioner no. 2 is alleged to have snatched
a silver chain from the neck of the son of informant.
4. Learned counsel for the petitioner submits that
specific accusation of stabbing is against co-accused Nitish
Thakur and petitioner is only alleged to have snatched silver
Patna High Court CR. MISC. No.12305 of 2026(2) dt.24-02-2026
2/2
chain. There is no allegation of any specific overt act against the
petitioner. Case and counter case. Petitioner claims clean
antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the nature of accusation and clean
antecedent, this anticipatory bail is allowed and it is ordered that
let the above named petitioner in the event of his
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) with two sureties of the like
amount each to the satisfaction of Additional Chief Judicial
Magistrate-II, Bhagalpur in connection with Ghogha P. S. Case
No. 129 of 2025, subject to condition as laid down under
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,
2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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