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Patna High Court

Sonu KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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


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