Patna High Court
Sunil KaharversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court held that anticipatory bail may be granted under Section 482(2) of the B.N.S.S. given the petitioner’s clean record and the circumstances of the case.
Summary
The petitioner, Sunil Kahar, sought anticipatory bail after being implicated in a case (Kudhani P.S. Case No. 01 of 2026) under Sections 126(2), 115(2), 117(2), 109(1), 352, 351(2) and 351(3) of the Bharatiya Nagrik Suraksha (B.N.S.). The prosecution alleged that the petitioner assaulted the informant’s children and the informant herself, causing injuries. The petitioner contended that he was not present at the scene, that the injuries were self‑inflicted or caused by others, and that the case was filed with ulterior motives; he also highlighted his clean criminal record. The State opposed the grant of anticipatory bail. Considering the facts, the petitioner’s clean antecedent, and the possibility of surrender within six weeks, the Court ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 482(2) of the B.N.S.S., 2023.
Issues considered
- Whether anticipatory bail can be granted under Section 482(2) of the B.N.S.S. for the offences alleged under Sections 126, 115, 117, 109, 352 and 351 of the B.N.S.
- Whether the petitioner’s alleged involvement and the nature of the injuries justify denial of bail
- Whether the petitioner’s clean antecedent and willingness to surrender affect the bail decision
Legislation cited
- Bharatiya Nagrik Suraksha (B.N.S.) — s. 109(1), 115(2), 117(2), 126(2), 351(2), 351(3), 352
- Bharatiya Nagrik Suraksha Sanhita (B.N.S.S.) — s. 482(2)
Subjects
- anticipatory bail
- bail conditions
- Section 482
- Bharatiya Nagrik Suraksha
- criminal law
- clean antecedent
- offences against children
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20472 of 2026
Arising Out of PS. Case No.-1 Year-2026 Thana- KUDHNI District- Kaimur (Bhabua)
======================================================
Sunil Kahar Son of Dinesh Kahar Resident of Village- Chandesh, P.S.-
Kudhani, District- Kaimur at Bhabua
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Parwej Khan, Advocate
For the Opposite Party/s : Mr. Bharat Bhushan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 01-07-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Kudhani P.S. Case No. 01 of 2026, instituted under
Sections 126(2), 115(2), 117(2), 109(1), 352, 351(2) & 351(3)
of the B.N.S.
3. As per the prosecution case, on the date of
occurrence, children of the informant were playing with the
children of the petitioner. Suddenly, they started quarreling.
Thereafter, petitioner came and assaulted the children of the
informant causing injuries to them. When the informant came to
save, petitioner also assaulted her causing head injury.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.20472 of 2026(3) dt.01-07-2026
2/3
case due to ulterior motives. There was dispute between the
children due to which fight took place between them. Both
parties are agnates. Children of the informant themselves
received injuries when they were fleeing away towards house
after assaulting the daughter of the petitioner and fell down on
the road and taking advantage of the same, informant filed case
against the petitioner. Petitioner has no concern with the alleged
occurrence as he was not present at the place of occurrence.
Injuries to the injured are simple in nature, except one injury to
the daughter of the informant which is not on the vital part of
body. The same is not caused by the petitioner. Petitioner has no
criminal antecedent. He undertakes to co-operate in the
investigation and trial.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the facts and circumstances of the
case, submission of learned counsel for the parties and clean
antecedent of the petitioner, in the event of arrest or surrender
before the Court below within six weeks from today, the
petitioner be released on bail upon furnishing bail bonds of Rs.
10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned Sub-Divisional Judicial
Patna High Court CR. MISC. No.20472 of 2026(3) dt.01-07-2026
3/3
Magistrate, Mohania, Kaimur at Bhabhua in connection with
Kudhani P.S. Case No. 01 of 2026, subject to the conditions laid
down in Section 482 (2) of the Bharatiya Nagrik Suraksha
Sanhita (B.N.S.S.), 2023.
(Sunil Dutta Mishra, J)
rakhi/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.