Patna High Court
Sunny KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
Bail was granted to the petitioner, Sunny Kumar.
Summary
Sunny Kumar was arrested in Rajauli police station case No. 298 of 2025 for allegedly attacking the informant's brother with a blade, causing grievous injury, and is charged under Sections 126(2), 115(2), 109 and 3(5) of the Bhartiya Nagarik Suraksha Sanhita. The petitioner contended that he and the informant are agnates and are involved in a land dispute, with Title Suit No. 540 of 2024 pending before the Sub‑judge‑I, Nawada. The State and the informant opposed bail, emphasizing the seriousness of the injury. The court, noting the familial relationship and the pending civil dispute, decided to grant bail. The petitioner was ordered to furnish a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNS, and the observations were held to be prima facie only.
Issues considered
- Whether bail should be granted to the accused in a case involving grievous injury under the Bhartiya Nagarik Suraksha Sanhita.
- Whether the agnate relationship and pending land dispute justify the grant of bail.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- bail
- grievous injury
- agnate relationship
- land dispute
- Criminal Procedure Code
- Bhartiya Nagarik Suraksha Sanhita
- Section 438
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17699 of 2026
Arising out of PS. Case No.-298 Year-2025 Thana- RAJAOLI District- Nawada
======================================================
Sunny Kumar Son of Sunil Yadav @ Sunil Kumar Yadav Resident of village -
Mahsai, Police Station - Rajauli, District - Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Deepak Kumar, Advocate
For the State : Mr.Yogendra Kumar, APP
For the Informant : Mr. Rakesh Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
4 07-05-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned Additional Public
Prosecutor for the State.
2. The petitioner seeks bail in Rajauli P.S. Case No.
298 of 2025 registered for the offences punishable under
Sections 126(2), 115(2), 109, 3(5) of BNS.
3. The allegation against the petitioner is of attacking
the brother of the informant with blade. The doctor has certified
the injury to be grievous.
4. Learned counsel for the petitioner submits that the
parties are agnates and there is land dispute between them and
Title Suit No. 540 of 2024 is pending before learned Sub-judge-
I, Nawada. He further submits that there is case and counter-
Patna High Court CR. MISC. No.17699 of 2026(4) dt.07-05-2026
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case between the parties.
5. Learned counsel for the Informant as well as learned
Additional Public Prosecutor for the State has vehemently
opposed the prayer for bail of the petitioner. Learned counsel for
the Informant submits that the injury is grave.
6. Considering that the parties are agnates and there is
case and counter-case between the parties, this Court is inclined
to grant bail to the petitioner.
7. Let the petitioner, above named, be
released on bail on furnishing bail bond of Rs.
10,000/- (Ten thousand) with two sureties of the like
amount each to the satisfaction of the learned Chief
Judicial Magistrate, Nawada in connection with
Rajauli P.S. Case No. 298 of 2025, subject to the
conditions as laid down under Section 438(2) of the
Code of Criminal Procedure / Section 482(2) of the
Bhartiya Nagarik Suraksha Sanhita.
8. It is made clear that any observation made
herein is prima facie in nature and limited solely for
the purpose of adjudication of the present bail
application. Such observations shall not be construed
as an expression on the merits of the case and shall not
Patna High Court CR. MISC. No.17699 of 2026(4) dt.07-05-2026
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influence the trial or any other proceedings in any
manner.
(Ansul, J)
Vikash/-
U T
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