Patna High Court
Suraj KumarversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- SONI SHRIVASTAVA
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- Whether the anticipatory bail application can be withdrawn and regular bail granted upon surrender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
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
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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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