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Patna High Court

Sunil KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners subject to the stipulated conditions.

Summary

The petitioners, Sunil Kumar and Rajnandan Ray, were implicated in a case of assault arising from a street‑measurement dispute, alleged to have violated several sections of the Bharatiya Nagarik Suraksha Sanhita (BNS). They applied for anticipatory bail, asserting innocence, clean antecedents, and that the injuries caused were simple. The State opposed the bail, citing the seriousness of the offences. The Court examined the nature of the alleged assault, the petitioners' criminal record, and the statutory provisions governing anticipatory bail. Finding no serious injury and noting the petitioners' clean antecedents, the Court granted anticipatory bail subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNS, including a bail bond and sureties.

Issues considered

  • Whether anticipatory bail can be granted to the petitioners under Section 438(2) of the CrPC and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
  • Whether the alleged offences constitute a serious injury warranting denial of bail.
  • Whether the petitioners' clean antecedents justify the grant of bail.

Legislation cited

Subjects

  • anticipatory bail
  • assault
  • Criminal Procedure Code
  • Bharatiya Nagarik Suraksha Sanhita
  • Section 438
  • Section 482
  • clean antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14799 of 2026
                       Arising Out of PS. Case No.-304 Year-2025 Thana- SALIMPUR District- Patna
                 ======================================================
           1.     Sunil Kumar Son of Dinesh Ray Resident of Village - Saidpur, Ps- Salimpur,
                  Dist- Patna
           2.    Rajnandan Ray @ Rajnandan Kumar Son of Dinesh Ray Resident of Village
                 - Saidpur, Ps- Salimpur, Dist- Patna

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ashok Kumar Kashyap
                 For the Opposite Party/s :       Mr.Aditya Narayan Singh.1
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

3   29-04-2026                         Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in connection

                   with Salimpur P.S. Case No. 304 of 2025, registered for the

                   offences punishable under Sections 190, 191(2), 191(3), 115(2),

                   109, 351(2), 126(2) of BNS.

                                3. The prosecution case, in brief, is that on 19.10.2025

                   at about 03:00 P.M., while measurement of a street was being

                   carried out by an Amin for construction purposes, the accused

                   persons including the petitioner arrived at the place of

                   occurrence, abused the informant and assaulted him with lathi,

                   danda, bricks and stones. It is alleged that petitioner assaulted
Patna High Court CR. MISC. No.14799 of 2026(3) dt.29-04-2026
                                            2/3




          the informant with lathi causing injury on his head. When the

          informant’s son, Gautam Kumar, intervened to save him, co-

          accused Rajnandan Kumar also assaulted him with lathi.

                       4. The learned counsel for the petitioners submits that

          the petitioners are innocent and have falsely been implicated.

          They are the persons of clean antecedent. There was previous

          enmity between the parties.

                       5. On the other hand, the learned APP for the State has

          opposed the prayer for bail.

                       6. The informant and the petitioners are family

          members and it appears that the alleged incident took place due

          to sudden provocation for construction of street. Both the

          petitioners are said to have assaulted the victims, but it has not

          led to any serious injury. The nature of injury of the victims has

          been described as simple in nature. Both the petitioners have

          clean antecedents. Under these circumstances, I am inclined to

          grant privilege of anticipatory bail to the petitioners.

                       7. Let the petitioners, as named above, in the event of

          their arrest or surrender within four weeks from today, be

          enlarged on bail on furnishing bail bond of Rs.10,000/-(Rupees

          Ten Thousand) each with two sureties of the like amount each to

          the satisfaction of learned ACJM-1st Barh, Patna in connection
           Patna High Court CR. MISC. No.14799 of 2026(3) dt.29-04-2026
                                                       3/3




                     with Salimpur P.S. Case No. 304 of 2025, subject to the

                     conditions laid down under section 438(2) of the Code of

                     Criminal Procedure/Section 482(2) of the Bharatiya Nagarik

                     Suraksha Sanhita, 2023 and subject to further condition that :-

                                  (i)   The      petitioners      shall   co-operate   in   the

                     investigation/ trial.

                                   (ii) The learned Court below would, however, verify

                     the criminal antecedent of the petitioners and in case it is found

                     that the petitioners have concealed their criminal antecedent, the

                     Court below shall take step for cancellation of bail bond of the

                     petitioners. However, it is expected that the verification process

                     would be done expeditiously without causing any delay.



                                              (Alok Kumar Sinha, J)
kundan/-

U      T


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