Patna High Court
Sunil KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
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
- Bharatiya Nagarik Suraksha Sanhita — s. 109, 115(2), 126(2), 190, 191(2), 191(3), 351(2)
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
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
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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
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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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