Patna High Court
Sonu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
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
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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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