Created by Fuzzy Cloud

Patna High Court

Sunil KaharversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.