Patna High Court
Sukul Baitha @ Shukul BaithaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
Anticipatory bail is granted to the petitioners subject to a bail bond of Rs.10,000 and two sureties, under the conditions of Section 482(2).
Summary
The petitioners sought anticipatory bail after being implicated in a case (Piprakothi PS Case No. 65 of 2026) alleging assault with weapons, including holding the informant's hair and injuring her son. The prosecution alleged that the petitioners, armed with iron rods, lathis, and bamboo clamps, attacked the informant and her sons. The petitioners contended they were falsely implicated, that the injuries were minor, there was a two‑day delay in filing the FIR, and they had no prior criminal record. The State opposed the bail, arguing the seriousness of the offences. The court, considering the nature of the allegations, the minor injuries, lack of premeditation, and the petitioners' clean record, granted anticipatory bail subject to a bail bond and sureties, under Section 482(2) of the Bharitya Nagrik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bharitya Nagrik Suraksha Sanhita in view of the alleged offences.
Legislation cited
- Bharitya Nagrik Suraksha Sanhita — s. 482
Subjects
- anticipatory bail
- assault
- Section 482
- Bharitya Nagrik Suraksha Sanhita
- bail bond
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34426 of 2026
Arising Out of PS. Case No.-65 Year-2026 Thana- PIPRAKOTHI District- East Champaran
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1. Sukul Baitha @ Shukul Baitha S/o Langtu Baitha R/o Village - Harpur
Math, P.S - Pipra Kothi, District - East Champaran, Motihari (Bihar)
2. Bikesh Baitha @Bikash Baitha S/o Sukul Baitha @ Shukul Baitha R/o
Village - Harpur Math, P.S - Pipra Kothi, District - East Champaran,
Motihari (Bihar)
3. Kabutari Devi W/o Sukul Baitha @ Shukul Baitha R/o Village - Harpur
Math, P.S - Pipra Kothi, District - East Champaran, Motihari (Bihar)
4. Priyanka Devi W/o Ajay Baitha R/o Village - Harpur Math, P.S - Pipra
Kothi, District - East Champaran, Motihari (Bihar)
5. Nandani Devi W/o Sanjay Baitha R/o Village - Harpur Math, P.S - Pipra
Kothi, District - East Champaran, Motihari (Bihar)
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar Tiwari, Advocate
For the Opposite Party/s : Mr.Sunil Kumar Pandey, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 19-05-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in
connection with Piprakothi P.S. Case No. 65 of 2026 registered
for the offences punishable under Sections 191 (2), 190, 126 (2),
118 (2), 118 (1), 109, 352 and 351 (2) of B.N.S.
3. As per the prosecution case, petitioners and co-
accused persons came variously armed with iron rod, lathi and
bamboo clamp at the doorsteps of the informant and it is alleged
Patna High Court CR. MISC. No.34426 of 2026(2) dt.19-05-2026
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that petitioner no. 1 caught hold the hair of the informant and
thrashed her on the ground while petitioner no. 2, Bikesh
Baitha, started assaulting her by means of lathi, when her two
sons namely Karan Kumar and Sunny Kumar came to save her
then petitioner no. 2 and petitioner no. 3 started assaulting them
with lathi and bamboo clamp due to which they fell on the
ground while petitioner nos. 4 and 5 and co-accused Munni
Devi caught hold the hair of the informant. It has further been
alleged that petitioner no.1 assaulted by means of iron rod upon
Karan Kumar, the son of the informant, injuring him.
4. Learned counsel for the petitioners have submitted
that the petitioners are innocent and have falsely been
implicated in this case. It has further been submitted that there
are case and counter case between the parties. The occurrence
took place suddenly on a trivial issue without any premeditation
to kill. Referring to the impugned order, learned counsel for the
petitioners has submitted that injuries sustained by the injured
persons are simple in nature. It has further been submitted that
there is delay of two days in lodging the F.I.R. It has lastly
submitted that petitioners have got not no criminal antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioners.
Patna High Court CR. MISC. No.34426 of 2026(2) dt.19-05-2026
3/3
6. Considering the aforesaid facts and circumstances
of the case as well as the nature of allegation against the
petitioners, let the above named petitioners, in the event of their
arrest/surrender within a period of six weeks from today, be
enlarged on anticipatory bail on furnishing bail-bond of Rs.
10,000/- (Rupees ten thousand) with two sureties of the like
amount each to the satisfaction of the learned court concerned in
connection with Piprakothi P.S. Case No. 65 of 2026, subject to
the conditions as laid down under Section 482(2) of the Bharitya
Nagrik Suraksha Sanhita (B.N.S.S.)
7. This application stands allowed.
(Praveen Kumar, J)
vashudha/-
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