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Patna High Court

Sudhir KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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