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Patna High Court

Sonu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that, given the petitioner’s clean antecedent, the simple nature of injuries, his familial relationship with the informant, and the bail already granted to co‑accused, anticipatory bail is warranted under Section 482(2) of the B.N.S.

Summary

Sonu Kumar was accused in a criminal case (Govindpur P.S. Case No. 132 of 2025) of assaulting an informant and her mother with an iron rod, under several sections of the B.N.S. He contended that the informant was his sister‑in‑law and the dispute was a simple financial altercation, resulting in only minor injuries. The petitioner argued he had a clean antecedent and that the allegations against him were vague. The State opposed his request for anticipatory bail. Considering the petitioner’s clean record, the minor nature of injuries, his familial relationship with the informant, and that co‑accused had already been granted bail, the court exercised its power under Section 482(2) of the B.N.S. and ordered anticipatory bail with a bond of Rs 10,000 and two sureties, to be effected within four weeks of arrest or surrender.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the B.N.S. in view of the alleged offences and circumstances

Legislation cited

  • B.N.S. — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352, 482(2), 74

Subjects

  • anticipatory bail
  • Section 482
  • criminal procedure
  • assault
  • clean antecedent
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3027 of 2026
                     Arising Out of PS. Case No.-132 Year-2025 Thana- GOVINDPUR District- Nawada
                 ======================================================

                 Sonu Kumar Son of Late Basant Mistri @ Basanti Mistri Resident of Village-
                 Kathwan, P.S.- Govindpur, District- Nawada

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Vibhuti Ranjan Sonvadra, Adv.
                 For the Opposite Party/s :      Ms.Anita Kumari, APP
                 ======================================================

                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                    ORAL ORDER

3   20-02-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner is apprehending his arrest in

                   connection with Govindpur P.S. Case No. 132 of 2025 dated

                   28.04.2025 registered for the offence punishable under Section/s

                   126(2), 115(2), 74, 118(1), 109, 303(2), 352, 351(2), 3(5) of the

                   B.N.S.

                                3. As per the prosecution case, accusation against the

                   accused persons including the petitioner is of assaulting the

                   Informant and her mother by means of iron rod.

                                4. Learned counsel for the petitioner submits that the

                   Informant is the sister-in-law of the petitioner and her brother

                   Gudu Kumar was the room partner of the petitioner at Delhi
Patna High Court CR. MISC. No.3027 of 2026(3) dt.20-02-2026
                                            2/3




          where some altercation took place with regard to financial

          disputes. It is next submitted that the injuries, which have been

          found in the said altercation, is simple in nature. The allegation

          of assaulting Rekha Devi is general and omnibus and nothing

          specific has been attributed against the petitioner in so far as

          Rekha Devi is concerned. It is lastly submitted that the

          petitioner is a person of clean antecedent.

                        5. Learned APP for the State opposes the prayer for

          grant of anticipatory bail.

                        6. Having heard learned counsel for the parties and

          considering the fact that the petitioner has clean antecedent and

          injuries are being simple in nature and the Informant is the

          relative of the petitioner as also the fact that other co-accused

          persons have already been granted bail by the district court

          itself, this Court is inclined to grant anticipatory bail to the

          petitioner.

                        7. Let the petitioner, above named, be released on

          anticipatory bail in the event of his arrest or surrender before the

          court below within a period of four weeks from today on

          furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with

          two sureties of the like amount each to the satisfaction of

          learned     Sub-Divisional         Judicial     Magistrate,   Nawada   in
              Patna High Court CR. MISC. No.3027 of 2026(3) dt.20-02-2026
                                                          3/3




                        connection with Govindpur P.S. Case No. 132 of 2025, subject

                        to the condition as laid down under Section 482(2) of the

                        B.N.S.S.



                                                                            (Ajit Kumar, J)
rishi/-

U         T


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