Patna High Court
Sujit Kumar Rai @ Sujit KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court granted anticipatory bail to the petitioner subject to specified conditions.
Summary
Petitioner Sujit Kumar Rai sought anticipatory bail fearing arrest in a case (Madhaura PS No. 584 of 2025) filed under several sections of the Bharatiya Nagrik Suraksha Sanhita. The prosecution alleged that Rai, along with other accused, assaulted an informant, caused head injury, and stole his golden chain. Rai contended he was falsely implicated, claiming the informant’s family had attacked his side and that the injuries were minor and did not support the informant’s version; he also noted that co‑accused had already been granted anticipatory bail and disclosed a prior Excise Act conviction. The State opposed the bail. The Court, after evaluating the evidence and the lack of corroboration, ordered that Rai be released on anticipatory bail if he surrenders within six weeks, subject to a Rs 10,000 bail bond, two sureties of equal amount, and the conditions of Section 482(2) of the B.N.S.S. 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482 of the Bharatiya Nagrik Suraksha Sanhita.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2), 352, 482(2)
- Excise Act
Subjects
- anticipatory bail
- Section 482
- Bharatiya Nagrik Suraksha Sanhita
- criminal procedure
- assault
- theft
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2520 of 2026
Arising Out of PS. Case No.-584 Year-2025 Thana- MADHAURAH District- Saran
======================================================
Sujit Kumar Rai @ Sujit Kumar son of Bigan Rai Resident Of Village-
Olhanpur, Ps- Madhaura, Dist- Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Harsh Anuj, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 07-04-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Madhaura P.S. Case No. 584 of 2025, instituted under
Sections 126(2), 115(2), 109, 303(2), 352, 351(2), 3(5) of the
B.N.S.
3. As per the prosecution case, on the date of
occurrence when the informant was running his tea stall
petitioner along with F.I.R. named accused persons came and
started abusing the informant. On asking for the same, the
accused persons assaulted the informant with legs and fists
causing injury. It is alleged that petitioner assaulted the
informant with dab causing injury on his head. The accused
persons also snatched the golden chain of the informant.
Patna High Court CR. MISC. No.2520 of 2026(3) dt.07-04-2026
2/3
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in this
case. In fact, informant and his family members had brutally
assaulted the members of petitioner's side for which F.I.R. was
lodged by the petitioner's side. Due to some trivial dispute
between the parties, free fight took place. Injuries sustained by
the informant is simple in nature which is lacerated wound
caused by hard and blunt substance which does not corroborate
the version of the informant. Other co-accused persons have
already been granted anticipatory bail by the Court concerned.
Petitioner has one criminal antecedent which belongs to Excise
Act. Petitioner undertakes to co-operate in the investigation and
trial.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the facts and circumstances of the
case, submission of learned counsel for the parties and injury
does not corroborate the version of the informant, in the event of
arrest or surrender before the Court below within six weeks
from today, the petitioner be released on bail upon furnishing
bail bonds of Rs. 10,000/- (ten thousand) with two sureties of
the like amount each to the satisfaction of learned Chief Judicial
Patna High Court CR. MISC. No.2520 of 2026(3) dt.07-04-2026
3/3
Magistrate, Saran at Chapra in connection with Madhaura P.S.
Case No. 584 of 2025, subject to the conditions laid down in
Section 482 (2) of the Bharatiya Nagrik Suraksha Sanhita
(B.N.S.S.), 2023.
(Sunil Dutta Mishra, J)
rakhi/-
U T
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