Patna High Court
Sudhakar KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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
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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
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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
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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/-
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