Patna High Court
Sunny KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Bail was granted as the injury was simple, the assault non‑repeated, and there was no intention to cause death.
Summary
The petitioners, Sunny Kumar and Jacky Kumar, were named in an FIR for assaulting an informant with a sharp-edged weapon, causing a chest injury and allegedly demanding Rs 5 lakhs extortion, offences alleged under several sections of the Bihar Negotiable (BNS) Act. The petitioners contended that the injury was simple, that there was no allegation against the second petitioner, and that earlier allegations against the informant’s father had been dismissed. The State argued that the petitioners were involved in the assault, with petitioner 1 using the weapon and petitioner 2 restraining the informant. The court noted that the injury was medically classified as simple, the assault was non‑repeated and there was no intention to cause death, and therefore bail was appropriate. Consequently, the court ordered the release of both petitioners on bail of Rs 10,000 each with two sureties, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNS Act.
Issues considered
- Whether the nature of the injury (simple) and lack of intent to cause death justify granting bail.
- Whether the petitioners’ alleged involvement in the assault warrants continued detention.
Legislation cited
- Bihar Negotiable (BNS) Act — s. 109, 115(2), 126(2), 3(5), 351(2), 351(3), 352, 482(2)
- Criminal Procedure Code (Cr.P.C.) — s. 438(2)
Subjects
- bail
- assault
- simple injury
- extortion
- Cr.P.C. 438
- BNS Act 482
- non‑repetition
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30039 of 2026
Arising Out of PS. Case No.-18 Year-2026 Thana- Hariharnath P.S. District- Saran
======================================================
1. Sunny Kumar S/o Sanjay Singh R/o Mohalla- Chidiya Bazar, Ward No. 17,
P.O and P.S.- Sonpur, District- Saran
2. Jacky Kumar @ Sumit Kumar S/o Sanjay Singh R/o Mohalla- Chidiya
Bazar, Ward No. 17, P.O and P.S.- Sonpur, District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Ojha, Adv
: Mr. Ved Prakash Chandan, Adv
For the Opposite Party/s : Mr. Brajendra Nath Pandey, APP
For the Informant : Mr. Niraj Kumar, Adv
: Mr. Prashant Kumar, Adv
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 11-05-2026 Heard the parties.
2. The petitioners are named in the F.I.R. and
apprehending their arrest in connection with Harihar Nath P.S.
Case No. 18 of 2026 registered for the offences punishable under
Sections 126(2), 115(2), 109, 351(2) & (3), 352 and 3(5) of
the BNS.
3. As per FIR, petitioner alleged to assault informant
causing chest injury, where injury was alleged to be caused by
using one sharp edged weapon and knife. The allegation is also to
ask extortion money of Rs. 5 lakhs.
4. It is submitted by learned counsel appearing on
behalf of the petitioners that prior to this case the father of
Patna High Court CR. MISC. No.30039 of 2026(2) dt.11-05-2026
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petitioner namely Sanjay Singh was assaulted by informant and
others and he was badly injured in that case for which Sonpur
P.S. Case No. 979 of 2023 was lodged, where police after
completion of investigation submitted closure report/final form
against informant and others, where learned Jurisdictional
Magistrate took cognizance on the basis of materials available on
record where after as an afterthought present false case was
lodged implicating both son of the informant of aforesaid case.
5. Arguing further, it is submitted that upon medical
examination the nature of injury was found simple in nature and
moreover, there is no allegation regarding assault against
petitioner no. 2, who is man of clean antecedent. In this context
it is submitted that it was wrongly observed by Learned Sessions
Judge through impugned order that petitioner involved in two
criminal cases, which was corrected subsequently through order
dated 01.04.2026. It is also submitted that in similar manner
observation qua grievous injury was recorded wrongly, through
impugned order, which in actual found simple in nature, as per
para-57 of the case diary.
6. Learned APP duly assisted by learned counsel for
the informant while opposing the prayer of bail submitted that
petitioners were found involved in actual occurrence, petitioner
Patna High Court CR. MISC. No.30039 of 2026(2) dt.11-05-2026
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no. 2 caught hold of informant during the occurrence, while
petitioner no. 1 assaulted with sharp edged weapon, however he
could not disputed nature of injury which found “simple” in
nature.
7. In view of aforesaid factual submission and by
taking note of fact as allegation qua assault appears non-
repeated, coupled with the fact as injury upon medical
examination also found simple in nature alleged to be caused by
petitioner no. 1, prima-facie, negating intention to cause death,
accordingly both above-named petitioners, in the event of their
arrest or surrender before the court below within a period of four
weeks, are directed to be released on bail, furnishing bail bond
of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of
the like amount each to the satisfaction of the learned Additional
Sessions Judge-VIIIth, Saran/concerned Court, where the case is
pending in connection with Harihar Nath P.S. Case No. 18 of
2026, subject to the conditions as laid down under Section
438(2) of the Cr.P.C/Section 482(2) of BNSS.
(Chandra Shekhar Jha, J)
S.Tripathi/-
U T
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