Patna High Court
Sudhir KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court granted bail to the petitioner subject to a bond and sureties.
Summary
Sudhir Kumar was arrested in a case under multiple sections of the Bharatiya Nyaya Sanhita for allegedly assaulting an informant and his family and attempting to outrage the modesty of female members. The petitioner claimed he was falsely implicated due to a land dispute, asserted his innocence, and highlighted his clean criminal record. The State opposed his bail application, while the petitioner’s counsel sought release on bail. The court examined the nature of the allegations, the petitioner’s antecedents, and the circumstances of the case. Considering these factors, the court granted bail on the condition of a Rs.10,000 bond with two sureties and compliance with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether bail should be granted to the petitioner under the circumstances of the case
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 117(2), 127(1), 303(2), 3(5), 351(1), 352, 74
Subjects
- bail
- criminal procedure
- false implication
- land dispute
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23593 of 2026
Arising Out of PS. Case No.-269 Year-2025 Thana- CHAKAND District- Gaya
======================================================
Sudhir Kumar S/O Dwarika Prasad R/O Village- Pnachu Bigha, P.S-
Chakand, District- Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vinod Kumar, Advocate
For the Opposite Party/s : Mr. Rajendra Singh Shastri, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 14-05-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered under Sections 127(1), 115(2), 117(2), 109, 303(2),
74, 352, 351(1) and 3(5) of the Bharatiya Nyaya Sanhita.
3. As per the F.I.R., the accused persons including
the petitioner abused and assaulted the informant and his family
members. The accused persons also tried to outrage the modesty
of female family members of the informant.
4. Learned counsel appearing on behalf of the
petitioner submits that petitioner is innocent and has falsely
been implicated in the present case due to land dispute. Further
submission is that the injury to the injured is simple in nature.
There is general and omnibus allegation against the accused
Patna High Court CR. MISC. No.23593 of 2026(3) dt.14-05-2026
2/2
persons including the petitioner. The present case is counter
blast of Chakand P.S. Case No. 170 of 2025 which was lodged
against the informant and others. Petitioner has got no criminal
antecedent and he undertakes to cooperate in the investigation
and trial.
5. Learned A.P.P. for the State vehemently opposed
the prayer for bail.
6. Having considered the facts and circumstances of
the case, submissions of learned counsel for the parties, nature
of allegation and fair antecedent of the petitioner, let the above
named petitioner be released on bail, in the event of 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) with two sureties of the like amount
each to the satisfaction of learned Additional Chief Judicial
Magistrate-V, Gaya in connection with Chakand P.S. Case No.
269 of 2025, subject to the conditions as laid down under
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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