Patna High Court
Sonu KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- KHATIM REZA
Holding
The court granted bail to the petitioner subject to bond and surety conditions.
Summary
Sonu Kumar was arrested in connection with a case filed under multiple sections of the Bharatiya Nyaya Sanhita, 2023, alleging that he assaulted the informant's daughter with a lathi, causing a head injury. The petitioner claimed innocence, stating the incident stemmed from a drainage dispute and that the medical report showed only a minor laceration with a normal CT brain scan. He also highlighted his clean criminal record. The State opposed bail, while the petitioner’s counsel sought release pending trial. After considering the evidence and submissions, the court ordered that the petitioner be released on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The bail application was allowed.
Issues considered
- Whether bail should be granted to the petitioner despite the serious charges under the Bharatiya Nyaya Sanhita.
- Whether the nature of the alleged assault and the medical evidence justify denial of bail.
- Whether the petitioner poses a flight risk or threat to the investigation.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 118(2), 127(1), 127(2), 3(5), 351(2), 351(3), 352
Subjects
- bail
- criminal procedure
- assault
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- Section 482
- medical evidence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29174 of 2026
Arising Out of PS. Case No.-10 Year-2025 Thana- TEKARI District- Gaya
======================================================
Sonu Kumar S/o- Surendra Prasad Resident of Village- Jagdishpur, P.S.-
Tekari, District- Gaya,
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Gajendra Kumar Singh, Advocate
For the Opposite Party/s : Mr.Md. Aslam Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 07-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner apprehends arrest in connection with
Tekari P.S. Case No. 10 of 2025, dated 08.01.2025, instituted
under Sections 127(1), 127(2), 115(2), 118(2), 109, 351(2),
351(3), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. The allegation against the petitioner is that he
assaulted the daughter of the informant on the head by means of
lathi, as a result of which she sustained injury on the head.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
present case. It is submitted that the occurrence took place on
account of a drainage dispute between the parties, who are
agnates. It is submitted that the injury report of the victim
Patna High Court CR. MISC. No.29174 of 2026(2) dt.07-05-2026
2/2
discloses only a lacerated wound over the frontal region of the
head measuring 3” x 0.25” x 0.25”. Referring to Annexure P/2
series, learned counsel submits that the doctor on the basis of
the radiological opinion received from ANMMCH, Gaya, vide
letter no. 6252 dated 17.10.2025, opined that the CT Scan
revealed a “Normal CT Brain Study”, which shows that the
injury is simple in nature. Lastly, it is submitted that the
petitioner has no criminal antecedents.
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, in
the event of arrest or surrender before the Court below within
six weeks from today, the petitioner be released on bail upon
furnishing bail bonds of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of the learned
ACJM-VI Gaya, in Tekari P.S. Case No. 10 of 2025, subject to
the conditions laid down in Section 482(2) of the Bharatiya
Nagarik Suraksha Sanhita 2023.
7. The application stands allowed.
(Khatim Reza, J)
shyambihari/-
U
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.