Patna High Court
Suman Kumar @ Suman Kumar Ray @ Suman Kumar RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The court granted anticipatory bail to the petitioners, subject to prescribed conditions.
Summary
The petitioners, Suman Kumar and his wife Punam Devi, sought anticipatory bail fearing arrest in a case registered under multiple sections of the Bharatiya Nyaya Sanhita relating to an alleged assault arising from a land dispute. The prosecution alleged that the petitioners assaulted the informant and his associate, causing injuries that were recorded as simple. The petitioners contended that both parties sustained injuries, they have no prior criminal record, and the injuries are minor. The State opposed bail, emphasizing the existence of an assault allegation. Considering the lack of criminal antecedent and the nature of injuries, the court granted anticipatory bail with specific conditions, including a bond, sureties, cooperation with investigation, and non‑interference with witnesses.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the allegations of assault under the Bharatiya Nyaya Sanhita.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 118(1), 126(2), 3(5), 351(2), 352
Subjects
- anticipatory bail
- assault
- land dispute
- criminal antecedent
- Bharatiya Nyaya Sanhita
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21613 of 2026
Arising Out of PS. Case No.-5 Year-2026 Thana- AWTARNAGAR District- Saran
======================================================
1. Suman Kumar @ Suman Kumar Ray @ Suman Kumar Rai S/O Late
Lakshman Prasad @ Late L.P. Roy R/O Village- Ramgadha, P.S- Awatar
Nagar, District- Saran.
2. Punam Devi @ Poonam Devi W/O Suman Kumar R/O Village- Ramgadha,
P.S- Awatar Nagar, District- Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ankur Prakash Sinha, Advocate
For the State : Mr. Surendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 16-04-2026 Heard Mr. Ankur Prakash Sinha, learned counsel for
the petitioner and learned APP representing the State.
2. The petitioners are apprehending their arrest in
connection with Awtar Nagar P.S. Case No. 05 of 2026
registered for the offence under Sections 126(2), 115(2), 118(1),
109, 351(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita,
lodged on 02.01.2026 by the informant, Abhay Kumar Rai.
3. As per the prosecution story, the allegation is that
due to land dispute the accused assaulted the informant. Suman
Kumar gave farsa blow to the informant causing injury and
when Bhim Kumar came to rescue, he was also given iron rod
blow. They were shifted to Sadar Hospital, Chapra which
Patna High Court CR. MISC. No.21613 of 2026(2) dt.16-04-2026
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followed the F.I.R..
4. Learned counsel for the petitioners submit that
though there is case and counter case, the case of the petitioner
being earlier one, both sides suffered injuries, the injury report
is part of the record which shows it to be simple in nature. The
last submission is that they do not have criminal antecedent.
5. Learned APP opposes the prayer submitting that
though the injury is simple in nature, the allegation of assault is
there.
6. Considering the submissions of the parties as also
the materials on record beside the fact that they do not have
criminal antecedent, in that background, this Court is inclined to
extend them the privilege of anticipatory bail.
7. Let the petitioners be released on bail in the event
of arrest or surrender within a period of four weeks from the
receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) each with two sureties of like amount each to the
satisfaction of learned Judicial Magistrate, First Class, Saran at
Chapra, in connection with Awtar Nagar P.S. Case No. 05 of
2026 subject to the following conditions:-
(i) one of the bailor should be the family
member/relative of the petitioners who shall provide official
Patna High Court CR. MISC. No.21613 of 2026(2) dt.16-04-2026
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document (Aadhar Card/Voter Id/Driving License/Pan Card) to
show his/her bona fide;
(ii) the petitioners shall be appearing before the Police
Station as and when required for cooperating in the
investigation;
(iii) the petitioners shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of his/her bail bond by the Trial Court itself;
(iv) the petitioners shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(v) the petitioners shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of bail bonds.
(Rajiv Roy, J)
vinayak/-
U T
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