Patna High Court
Suraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The court granted bail to the petitioners subject to conditions under Section 482(2) of the Bharatiya Nyaya Sanhita.
Summary
The petitioners sought bail in a criminal case (P.S. Case No.593 of 2025) where they were accused of assault, causing injuries, and other offences under the Bharatiya Nyaya Sanhita. They claimed innocence, alleging a case and counter‑case between agnate families and that the injuries were simple. The State opposed bail. The court noted the existence of a case‑and‑counter‑case and the simple nature of the injuries, and therefore ordered the petitioners to be released on bail, subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the BNSS, including appearance before the trial court and non‑interference with witnesses.
Issues considered
- Whether bail should be granted to the accused despite the serious nature of the offences alleged under the BNSS.
- Whether the existence of a case and counter‑case and the simple nature of the injuries justify granting bail.
- Whether conditions under Section 482(2) of the BNSS can be imposed to secure the trial process.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109, 115, 118, 126, 3, 303, 351, 482, 76
Subjects
- bail
- criminal procedure
- Section 482
- Bharatiya Nyaya Sanhita
- case and counter case
- simple injury
- criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30864 of 2026
Arising Out of PS. Case No.-593 Year-2025 Thana- PAHARPUR District- East Champaran
======================================================
1. Khushbu Devi wife of Rajinish Das Resident Of Village - Naya Ganw
Bhutahan Police Station -Paharpur District- East Champaran
2. Nirmala Devi Wife of Ramnath Das Resident Of Village - Naya Ganw
Bhutahan Police Station -Paharpur District- East Champaran
3. Chandan Das Son of Late Narayan Das Resident Of Village - Naya Ganw
Bhutahan Police Station -Paharpur District- East Champaran
4. Rajan Das @ Rajan Kumar son of Chokat Das Resident Of Village - Naya
Ganw Bhutahan Police Station -Paharpur District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amit Kumar Mishra
For the Opposite Party/s : Mr. Syed Ehteshamuddin
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 06-05-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners are apprehending their arrest in
connection with Paharpur P.S. Case No.593 of 2025, dated
16.11.2025, registered for the offence punishable under Sections
126(2), 115(2), 118(1), 109, 76, 303(2), 351(2) and 3(5) of the
Bharatiya Nyaya Sanhita.
3. As per the F.I.R., the allegation against the
petitioners is that they, along with other accused persons,
entered the house of the informant, abused and assaulted the
informant and his family members, caused head injuries by
farsa and bhala blows, assaulted the informant’s wife with
Patna High Court CR. MISC. No.30864 of 2026(2) dt.06-05-2026
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lathis, allegedly disrobed her, and snatched away her earrings.
4. Learned counsel for the petitioners submits that
the petitioners are innocent and have been falsely implicated in
the present case. He further submits that, on the basis of the
same and similar allegations, a case and counter-case have been
instituted between the parties. It is submitted that after
registration of the F.I.R. by the son of petitioner no. 2 against
the side of the informant, the present case is said to have been
instituted by the informant. It is further submitted that both sides
are agnates and that the injuries allegedly sustained by the
informant are simple in nature. Lastly, it is submitted that the
petitioners have no criminal antecedents.
5. On the other hand, the learned APP for the State
has opposed the prayer for bail of the petitioners.
6. Taking into account that there is case and counter
case between the parties and the injury is of simple nature, let
the above named petitioners, be released on bail, in the event of
their arrest or surrender before the learned Court below within a
period of six weeks from today, 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 ACJM IX,
East Champaran/Successor Court in connection with Paharpur
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P.S. Case No.593 of 2025 subject to the conditions as laid down
under Section 482(2) of the BNSS as well as the following
conditions:
(i) One of the bailors should be the family
member/relative/ known of the petitioner(s) who shall provide
official document/ personal affidavit to show his/her bona fide;
(ii) the petitioner(s) 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/their bail bond by the Trial Court itself;
(iii) the petitioner(s) 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;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
shikha/-
U T
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