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Patna High Court

Suman Kumar @ Suman Kumar Ray @ Suman Kumar RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                        3/3




                      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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