Patna High Court
Sushil 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
The petitioner, Sushil Kumar, a 20‑year‑old student, was arrested in connection with an alleged assault on an informant, charged under Sections 126(2), 115(2), 109(1), 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita. He contended that the case was fabricated out of a petty dispute with the informant, who was a fellow coaching student, and asserted his innocence, lack of criminal antecedents, and willingness to cooperate with the investigation. The State opposed his bail application. The court, after weighing the nature of the alleged injury, the petitioner’s age, clean record, and the circumstances of the dispute, decided to grant bail on the condition of a Rs.10,000 bond with two sureties, subject to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether bail should be granted to the petitioner despite the serious charges under the Bharatiya Nyaya Sanhita
- Whether the petitioner’s age, clean antecedent, and the nature of the alleged injury justify release on bail
- Whether the allegations constitute a ground for continued custody under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 126(2), 3(5), 351(2), 352
Subjects
- bail
- assault
- criminal procedure
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- Section 482
- age of accused
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27368 of 2026
Arising Out of PS. Case No.-1258 Year-2025 Thana- MOTIHARI TOWN District- East
Champaran
======================================================
Sushil Kumar Son of Pramod Thakur Resident of Village- Dilman Chhapra
Tola, Ghushukhpur (Jasaulipatti), P.S.- Bhopatpur, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Karandeep Kumar, Advocate
For the Opposite Party/s : Mr. Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 06-05-2026 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 126(2), 115(2), 109(1), 352, 351(2)
and 3(5) of the Bharatiya Nyaya Sanhita.
3. As per the F.I.R., the petitioner along with other
named accused persons and three other unknown persons
assaulted the informant with knife, fists and slaps due to which
he sustained injuries.
4. Learned counsel appearing on behalf of the
petitioner submits that petitioner is innocent and has falsely
been implicated in the present case. Further submission is that
informant and petitioner are the students of same coaching and
due to petty dispute, altercation took place between them,
however, the informant has falsely lodged the present case by
Patna High Court CR. MISC. No.27368 of 2026(2) dt.06-05-2026
2/2
way of exaggerating the prosecution version. The injury to the
injured is simple in nature. Petitioner is a young boy, aged about
20 years, is a student having no criminal antecedent and he
undertakes to cooperate in the investigation and trial.
5. Learned A.P.P. for the State 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, age of the petitioner and his fair antecedent, 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 Chief Judicial Magistrate,
Motihari, East Champaran in connection with Town P.S. Case
No. 1258 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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