Patna High Court
Sudhir KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court allowed the petition for anticipatory bail, directing the petitioners to surrender within six weeks and execute bail bonds under Section 482(2) of the Bhartiya Nyaya Sanhita.
Summary
The petitioners, three brothers from Buxar, sought anticipatory bail fearing arrest in a case (Rajpur P.S. Case No. 01 of 2026) alleging offences under several sections of the Bhartiya Nyaya Sanhita, including assault, attempted murder and other violent crimes. They claimed no injury reports were on record, had no prior criminal history, and one of them had filed a complaint against the informant. The State opposed the bail, arguing the seriousness of the allegations. The court examined the lack of medical evidence and the petitioners' clean record, and considered the provisions of Section 482(2) of the B.N.S.S. for granting bail. It ordered that the petitioners surrender within six weeks, execute a bail bond of Rs.10,000 each with two sureties, and thereby granted anticipatory bail. The application was allowed subject to the stipulated conditions.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under the Bhartiya Nyaya Sanhita despite the serious nature of the alleged offences.
- Whether the absence of injury reports and lack of prior criminal antecedent justify the grant of anticipatory bail.
- Whether Section 482(2) of the Bhartiya Nyaya Sanhita empowers the court to conditionally release the petitioners on anticipatory bail.
Legislation cited
- Bhartiya Nyaya Sanhita — s. 109, 115(2), 117(2), 126(2), 332, 3(5), 351(2), 352, 482(2), 74
Subjects
- anticipatory bail
- criminal procedure
- Bhartiya Nyaya Sanhita
- Section 482
- assault
- injury report
- criminal antecedent
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20064 of 2026
Arising Out of PS. Case No.-1 Year-2026 Thana- RAJPUR District- Buxar
======================================================
1. Sudhir Kumar Son of Bihari Ram @ Lalbihari Ram Resident of Village-
Rauni, P.S.- Rajpur, District- Buxar
2. Akhilesh Kumar @ Akhilesh Kumar Ram Son of Bihari Ram @ Lalbihari
Ram Resident of Village- Rauni, P.S.- Rajpur, District- Buxar
3. Ashant Kumar Ram @ Anjesh Kumar Son of Bihari Ram @ Lalbihari Ram
Resident of Village- Rauni, P.S.- Rajpur, District- Buxar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Satyapal Singh, Advocate
For the Opposite Party/s : Mr. Rajendra Nath Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 08-04-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in a
case in connection with Rajpur P.S. Case No. 01 of 2026 dated
02.01.2026 registered for the offences punishable under
Sections 126(2), 115(2), 74, 332, 117(2), 109, 352, 351(2) and
3(5) of the Bhartiya Nyaya Sanhita.
3. As per the allegation, these petitioners came at the
house of the informant and started abusing the father-in-law of
the informant and also started assaulting him. The petitioner
No.3 ordered to kill, whereafter petitioner No.3 assaulted on the
Patna High Court CR. MISC. No.20064 of 2026(2) dt.08-04-2026
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head of the father-in-law of the informant by means of ‘katta’
due to which the head of the informant’s father-in-law got
injured and blood started oozing out. When Indu Devi, the
sister-in-law of the informant, came to intervene then petitioner
No.1 caught hold her hair. Thereafter, petitioner Nos. 2 and 3
assaulted by means of lathi and danda unless and until they
became unconscious.
4. Learned counsel for the petitioners has submitted
that there is no injury report any of the injured persons on the
record. It has further been submitted that the case diary was
called for in the court below and there also does not happen to
be any discussion regarding the injury report of the injured
persons. Learned counsel for the petitioners has further
submitted that petitioner No.1 (Sudhir Kumar) has also filed a
complaint case bearing Complaint Case No. 179(C) of 2026
against the informant. It has further been submitted that
petitioners have got no criminal antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioners.
6. Considering the aforesaid facts and circumstances
of the case, let the above named petitioners, in the event of their
arrest/surrender within a period of six weeks from today, be
Patna High Court CR. MISC. No.20064 of 2026(2) dt.08-04-2026
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enlarged on anticipatory 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 the learned court
concerned, Buxar in connection with Rajpur P.S. Case No. 01 of
2026, subject to conditions as laid down under section 482(2) of
the B.N.S.S.
7. The application stands allowed.
(Praveen Kumar, J)
shivam/-
U T
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