Patna High Court
Sonam KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The Court granted bail to the petitioner subject to a bond of Rs. 10,000, two sureties, and compliance with conditions under Section 482(2) of the B.N.S.S.
Summary
The petitioner, Sonam Kumar, was implicated in a criminal case arising from a land dispute in which he and co‑accused allegedly assaulted the informant and his sons and allegedly stole Rs. 1 lakh. The petitioner claimed innocence, arguing that the injuries were minor, there was no intent to cause death, and the theft allegation was unfounded. The informant contended that the petitioner caused a fracture to his left hand and his sons' heads, though later conceded no fractures were observed. Considering the simple nature of injuries, the background of a bona‑fide land dispute, and the counter‑version, the Court ordered the petitioner to be released on bail with a bond of Rs. 10,000 and two sureties, subject to conditions under Section 482(2) of the B.N.S.S. and attendance requirements. The bail order was conditioned on the petitioner surrendering within eight weeks and complying with the stipulated conditions.
Issues considered
- Whether the petitioner is entitled to bail in view of the nature of the alleged offences and the circumstances of the land dispute
- Whether the injuries sustained justify denial of bail
Legislation cited
- B.N.S., 2023 — s. 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352
- B.N.S.S. — s. 482(2)
Subjects
- bail
- land dispute
- assault
- theft
- Criminal Procedure Code
- Section 482
- injury
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28949 of 2026
Arising Out of PS. Case No.-536 Year-2025 Thana- BANKA District- Banka
======================================================
Sonam Kumar S/o Manohar Mandal, R/o Village- Eksingha, Police Station-
Banka, District- Banka.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Ajay Mukherjee, Advocate
For the State : Mr. Bharat Lal, APP
For the Informant : Mr. Pankaj Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 05-05-2026 Heard learned counsel for the petitioner, learned
A.P.P. for the State and the learned counsel for the informant.
2. In the present case, the petitioner is
apprehending his arrest in connection with Banka P.S. Case No.
536 of 2025, dated 02.12.2025, registered for the offences
punishable under Sections 126(2), 115(2), 118(1), 303(2),
351(2) and 352 read with Section 3(5) of the B.N.S., 2023.
3. As per prosecution case, in the background of
land dispute, petitioner and other co-accused persons assaulted
the informant and his sons causing injuries to them. They also
took away rupees one lakh from the house of the informant.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has falsely been implicated in this
case. There is case and counter version and Banka P.S. Case No.
Patna High Court CR. MISC. No.28949 of 2026(2) dt.05-05-2026
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537 of 2025 has been registered against the informant of this
case instituted for the offences punishable under Sections
126(2), 115(2), 109(1), 303(2), 351(2) and 352 read with
Section 3(5) of the B.N.S., 2023. The informant and father of
the petitioner are own brothers and there is bona fide land
dispute between the parties. In this background, a free-fight took
place between the parties and both the sides received injuries
and the injuries received by the petitioner’s side is without
explanation. Learned counsel further submits that the injury
report of the informant and his sons show simple injuries. There
was no intention to cause death and the allegation of theft is
ornamental. Learned counsel lastly submits that petitioner is
having clean antecedent.
5. Learned APP as well as learned counsel for the
informant oppose the submissions made on behalf of the
petitioner. Learned counsel for the informant submits that there
is specific allegation against the petitioner that he hit the
informant causing fracture of his left hand and also assaulted his
sons on their head causing its fracture. However, he concedes
that no fracture has been observed on any part of their body.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
Patna High Court CR. MISC. No.28949 of 2026(2) dt.05-05-2026
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background of land dispute, simple nature of injuries and also
considering the counter version, let the petitioner, above-named,
in the event of his arrest or surrender before the Court
concerned within a period of eight weeks from today, be
released on bail, on furnishing bail bonds of Rs. 10,000/-
(Rupees Ten Thousand Only) with two sureties of the like
amount each to the satisfaction of learned Chief Judicial
Magistrate, Banka / Concerned Court, in connection with
Banka P.S. Case No. 536 of 2025, subject to the conditions as
laid down under Section 482(2) of the B.N.S.S. and other
following conditions:
(i) One of the bailors will be a close relative of the
petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the Court below, if so required by the
learned trial Court.
(Arun Kumar Jha, J)
Shahnawaz/-
U T
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