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Patna High Court

Suraj KumarversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

Holding

The Court allowed the withdrawal of anticipatory bail for petitioner no. 2 and directed that regular bail be considered on surrender, and granted bail to petitioner no. 1 subject to statutory conditions.

Summary

Petitioners Suraj Kumar and Ranjit Jha were arrested in a case registered under multiple sections of the B.N.S. for alleged assault on an informant. The petitioners filed an anticipatory bail application, but later sought to withdraw the anticipatory bail for Ranjit Jha and surrender to obtain regular bail. The State opposed the anticipatory bail. The Court allowed the withdrawal of the anticipatory bail for petitioner no. 2, directing that if he surrenders within three weeks, regular bail will be considered on the same day without prejudice. For petitioner no. 1, who has no prior criminal record and for whom no injury was proved, the Court ordered bail on furnishing a bond of Rs 10,000 with two sureties, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S. The order also stipulated a four‑week period for surrender.

Issues considered

  • Whether the anticipatory bail application can be withdrawn and regular bail granted upon surrender
  • Whether the facts alleged constitute an offence under Section 109 of the B.N.S.
  • Whether bail should be granted to petitioner no. 1 despite the pending charges

Legislation cited

  • B.N.S. — s. 109, 115(2), 117(2), 126(2), 303(2), 329(3), 3(5), 351(2), 352, 482(2), 74
  • Cr.P.C. — s. 438(2)

Subjects

  • anticipatory bail
  • regular bail
  • withdrawal of bail
  • Criminal Procedure Code
  • B.N.S.
  • assault
  • inter‑caste marriage dispute
  • injury

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.2887 of 2026
                        Arising Out of PS. Case No.-99 Year-2025 Thana- Mufassil District- Khagaria
                 ======================================================
           1.     Suraj Kumar S/O Late Dashrath Jha Resident Of Village- Ramganj, P.S-
                  Muffasil, Distt.- Khagaria.
           2.     Ranjit Jha S/O Late Dashrath Jha Resident Of Village- Ramganj, P.S-
                  Muffasil, Distt.- Khagaria.
                                                                        ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Md Shahid Anwar
                                                    Mr. Shashi Ranjan Dayal
                                                    Mr. Mukesh Kr. Yadav
                 For the State            :         Mr. Binod Kumar No. 3
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   28-01-2026                    After some arguments, learned counsel for the

                   petitioner prays for withdrawal of the present anticipatory bail

                   application on behalf of petitioner no. 2 Ranjit Jha in order to

                   surrender and seek regular bail.

                                  2. Prayer is allowed.

                                  3. However, if the petitioner surrenders before the

                   learned court below within a period of three weeks from today

                   and prays for regular bail, the same shall be considered by the

                   learned court below on the same day without being prejudiced

                   by the present withdrawal.

                                  4. Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                  5. The petitioner is apprehending his arrest in a case
Patna High Court CR. MISC. No.2887 of 2026(2) dt.28-01-2026
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          registered for the offence punishable under Sections 126(2),

          115(2), 329(3), 117(2), 303(2), 109, 74, 352, 351(2), 3(5) of the

          B.N.S.

                       6. Allegation in the first information report is with

          regard to assaulting the informant.

                       7. Learned counsel for the petitioner submits that so

          far as petitioner no. 1 is concerned, there is only an allegation of

          pulling the informant by her hair, abusing and assaulting her and

          pressing her neck. However, it has been submitted that there is a

          dispute between the families due to inter caste marriage and

          there is no allegation of any repeated blow, as such no offence

          under Section 109 of the BNS would be made out. Moreover,

          there is no injury found on the neck of the informant.

                       8.    Learned APP for the State has opposed the

          application for anticipatory bail.

                            9. Taking into consideration the facts and

          circumstances and also considering the fact that no injury is

          attributable to petitioner no. 1, let the above named petitioner

          no. 1, who has no criminal antecedent, in the event of his arrest

          or surrender before the learned Court below within a period of

          four weeks from today, be enlarged on bail on furnishing bail

          bond of Rs.10,000/- (Rupees Ten Thousand) each with two
             Patna High Court CR. MISC. No.2887 of 2026(2) dt.28-01-2026
                                                         3/3




                       sureties of the like amount each to the satisfaction of the learned

                       court below where the case is pending/successor court in

                       connection with Khagaria Muffasil P.S. Case No. 99 of 2025,

                       subject to the condition as laid down under Section 438 (2) of

                       the Cr.P.C./482(2) of the B.N.S.S.



                                                 (Soni Shrivastava, J)
devendra/-

U      T


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