Patna High Court
Sujal Kumar @ Sujal ShainiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted anticipatory bail to the petitioners subject to a bail bond and sureties, under the conditions of Section 482 of the B.N.S.S., 2023.
Summary
The petitioners sought anticipatory bail after being implicated in an assault case registered under multiple sections of the Bihar Negotiable Statutes, 2023. The FIR alleged that the petitioners, along with co‑accused, assaulted an informant, causing only simple injuries. The State opposed the bail, arguing the seriousness of the offences. The court considered the nature of the injury, the petitioners' clean antecedent, and the statutory provisions. It ordered that the petitioners be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 each with two sureties, subject to conditions under Section 482 of the B.N.S.S., 2023. The order was made to ensure surrender within eight weeks and to satisfy the Chief Judicial Magistrate of Nawada.
Issues considered
- Whether anticipatory bail should be granted to the petitioners accused under Sections 191(2), 191(3), 190, 126(2), 115(2), 118(1), 109, 352 and 351(2) of the B.N.S., 2023.
- Whether the simple nature of injury and the petitioners' clean antecedent justify the grant of bail.
- Whether the conditions prescribed under Section 482 of the B.N.S.S., 2023 are satisfied.
Legislation cited
- B.N.S., 2023 — s. 109, 115(2), 118(1), 126(2), 190, 191(2), 191(3), 351(2), 352
- B.N.S.S., 2023 — s. 482
Subjects
- anticipatory bail
- assault
- clean antecedent
- bail bond
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.327 of 2026
Arising Out of PS. Case No.-269 Year-2025 Thana- Kadirganj P.S. District- Nawada
======================================================
1. Sujal Kumar @ Sujal Shaini S/o- Shankar Malakar Resident of Village- Anti
PS-Kadirganj, Dist- nawada
2. Uma Malakar @ Umashankar Malakar S/o- Charitra Malakar @
Ramcharitra Mali R/v- Anti Ps- Kadirganj Dist- Nawada
3. Sanjiv Kumar S/o- Manoj Kumar Bharti @ Uma Malakar R/v- Anti Ps-
Kadirganj Dist- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Adesh Raj Singh
For the Opposite Party/s : Mr.Anuj Kumar Shrivastava
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 21-01-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence under Sections 191(2), 191(3), 190,
126(2), 115(2), 118(1), 109, 352, 351(2) of the B.N.S., 2023.
3. As per F.I.R., on the order of petitioner no. 1 and
co-accused Raju Kumar, petitioner no. 2 (Uma Malakar),
petitioner no. 3 (Sanjiv Kumar) and co-accused Shankar
Malakar assaulted informant. Doctor has found the injury
simple in nature. Petitioners claim clean antecedent.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
Patna High Court CR. MISC. No.327 of 2026(2) dt.21-01-2026
2/2
5. Considering the nature of injury and clean
antecedent, in the event of arrest/surrender within a period of
eight weeks from today, let the above named petitioners be
enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten
thousand) each with two sureties of the like amount each to the
satisfaction of learned C.J.M., Nawada in connection with
Kadirganj P.S. Case No. 269 of 2025, subject to condition as
laid down under Section 482 of the B.N.S.S., 2023.
(Prabhat Kumar Singh, J)
anay
U T
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