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Patna High Court

Sudhakar KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Anticipatory bail is denied to Sudhakar Kumar and granted to Prabhat Kumar with conditions.

Summary

The petitioners, Sudhakar Kumar and Prabhat Kumar, applied for anticipatory bail in connection with FIR No.8 of 2026 filed under multiple sections of the B.N.S., 2023, alleging assault on a villager. The prosecution alleged that Sudhakar caused a grievous femur fracture while Prabhat allegedly struck the victim's shoulder, though no injury was found on the latter. The petitioners argued that the FIR was exonerated and that there was no injury to Prabhat's alleged victim. The court examined the medical evidence confirming a grievous injury caused by Sudhakar and the lack of injury in Prabhat's case. Consequently, the court denied anticipatory bail to Sudhakar Kumar but granted it to Prabhat Kumar subject to stringent bail conditions.

Issues considered

  • Whether anticipatory bail should be granted to Sudhakar Kumar given the grievous injury alleged in the FIR.
  • Whether anticipatory bail should be granted to Prabhat Kumar in view of the allegation of assault without proven injury.

Legislation cited

  • B.N.S., 2023 — s. 109(1), 115(2), 117(2), 118(1), 126(2), 303(2), 329(3), 3(5)

Subjects

  • anticipatory bail
  • assault
  • grievous injury
  • FIR
  • bail conditions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25519 of 2026
                     Arising Out of PS. Case No.-8 Year-2026 Thana- MUSAHARI District- Muzaffarpur
                 ======================================================
           1.     Sudhakar Kumar S/o Sri Bhola Bhagat @ Bhola Singh R/O Village-
                  Nawada, P.s.- Mushahari, District- Muzaffarpur
           2.    Prabhat Kumar S/o Sri Bhola Bhagat @ Bhola Singh R/O Village- Nawada,
                 P.s.- Mushahari, District- Muzaffarpur

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :      Mr. Ajay Kumar Thakur, Advocate
                                                  Ms. Kajal, Advocate
                                                  Mr. Mudit Meet, Advocate
                                                  Mr. Purushottam Kumar, Advocate
                 For the Opposite Party/s :       Mr.Sanjay Kumar Tiwary, APP
                 For the informant        :       Mr. Brahmaputra Singh , Advocate
                                                  Mr. Poonam Kumari, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   22-04-2026                          Heard the parties.

                                    2. The petitioners are apprehending their arrest in

                   connection with Mushahari P.S. Case No. 8 of 2026, for the

                   offence under sections 329(3), 126(2), 115(2), 109(1), 118(1),

                   117(2), 303(2), 3(5) of the B.N.S., 2023 lodged on 09.01.2026,

                   by the informant, Aarti Kumari.

                                    3. As per the prosecution story, he informant

                   alleged that the accused persons came and started cutting the

                   tree, when it was informed by the villagers, they were

                   confronted, on the order of Prabhat Kumar, the assault took

                   place. Further, Prabhat Kumar gave blow on his shoulder and
Patna High Court CR. MISC. No.25519 of 2026(2) dt.22-04-2026
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          hand by lathi and Vicky Kumar assaulted on leg, Sudhakar and

          Vickey pushed him on the ground and Sudhakar Kumar jumped

          over forcefully on his hip.             When the local assembled, all

          accused person left the place and after that he was sent to

          primary health centre, Musahari and then doctor referred him to

          S.K.M.C.H., Muzaffarpur. This led to the FIR.

                          4. Learned counsel for the petitioners submits that

          the exonerated F.I.R. is there in which all the family members

          have been implicated, there is no injury on his shoulder and

          hand as alleged against Prabhat Kumar, petitioner No.2.

                          5. Learned APP as well as learned counsel for the

          informant both opposes the prayer and learned counsel for the

          informant on the other hand has drawn the attention of this

          Court to learned Sessions Judge order to show that so far as

          injury inflicted by Sudhakar is concerned, then has been fracture

          of femur bone and the injury has been found to be grievous in

          nature.

                          6. Considering the submission aforesaid as also the

          injury that has been inflicted by Sudhakar Kumar (petitioner

          No.1), no relief can be extended to him. Therefore, the prayer

          for anticipatory bail of petitioner No.1, Sudhkar Kumar, is

          rejected.      So far as petitioner No.2, Prabhat Kumar, is
Patna High Court CR. MISC. No.25519 of 2026(2) dt.22-04-2026
                                            3/4




          concerned, though allegation of order giver, in view of the

          submission made that no injury has been found on the shoulder

          and in that background, this Court is inclined to extend

          petitioner No2, Prabhat Kumar, the privilege of anticipatory bail

          with conditions.

                          7. Let the petitioner No.2, Prabhat Kumar, 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) with two sureties of

          like amount each to the satisfaction of learned Judicial

          Magistrate, First Class, Muzaffarpur (East) in connection with

          Mushahari P.S. Case No. 8 of 2026, subject to the following

          conditions :-

                          (i) one of the bailor should be the family

          member/relative of the petitioner No.2, Prabhat Kumar, who

          shall provide official document (Aadhaar Card/Voter ID

          Card/Pan Card/Driving License) to show his/her bona fide;

                          (ii) the petitioner No.2, Prabhat Kumar, 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 bail bond by the Trial Court itself;

                          (iii) the petitioner No.2, Prabhat Kumar, shall
            Patna High Court CR. MISC. No.25519 of 2026(2) dt.22-04-2026
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                      appear before the concerned police station every month for six

                      months to mark his attendance and after the end of the period,

                      the certificate shall be submitted before the Trial Court failing

                      which steps shall be taken for the cancellation of the bail bonds;

                                      (iv) the petitioner No.2, Prabhat Kumar, 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 petitioner No.2, Prabhat Kumar, shall desist

                      from committing any criminal offence again, failing which the

                      State shall be at liberty to take steps for cancellation of his bail

                      bonds.


                                                                           (Rajiv Roy, J)

sanjeev/-

U       T


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