Patna High Court
Suraj Kumar @ Suraj Patel @ GodhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The petitioner is entitled to anticipatory bail subject to the conditions imposed under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita.
Summary
The petitioner, Suraj Kumar, was accused of assaulting the son of an informant with a sharp cutting weapon, causing a head injury, under several provisions of the Bhartiya Nyaya Sanhita. He filed an anticipatory bail application, asserting that the injury was simple, there was a case and counter‑case, and he had no prior criminal record. The State opposed the bail. The Court examined the facts, the nature of the injury, the absence of antecedents, and the provisions of Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita. It held that bail could be granted subject to conditions. Accordingly, the petitioner was released on anticipatory bail upon furnishing a Rs.10,000 bond with two sureties, to be surrendered within six weeks.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the circumstances of the case
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyaya Sanhita — s. 109, 115(2), 117, 118(1), 126(2), 3(5), 351(2), 352, 76
Subjects
- anticipatory bail
- assault
- Section 482
- Bhartiya Nyaya Sanhita
- criminal antecedents
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34445 of 2026
Arising Out of PS. Case No.-159 Year-2025 Thana- TARAIYA District- Saran
======================================================
Suraj Kumar @ Suraj Patel @ Godhan Son of Jalandhar Prasad @ Jalandhar
Ray Resident of Pachbhinda, P.S.- Taraiya, Distt.- Saran, Bihar
... ... Petitioner
Versus
The State of Bihar Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhijeet Abhigyan
For the Opposite Party/s : Mr.Md. Aslam Ansari
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 19-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. This application for anticipatory bail arises out
of Taraiya P.S. Case No. 159 of 2025, registered for the offence
punishable under Sections 126(2), 115(2), 118(1), 117, 109, 352,
351(2), 76, 3(5) of the Bhartiya Nyaya Sanhita.
3. As per the allegation, petitioner is alleged to
have assaulted the son of the informant on head by means of
‘Dab’ (a sharp cutting weapon).
4. Learned counsel for the petitioner has submitted
that there is case and counter case between the parties. It has
further been submitted, referring to the impugned order, wherein
a finding has been given that the injuries sustained by the son of
the informant is on head, but the nature of injury has not been
mentioned in the impugned order. It has further been submitted
Patna High Court CR. MISC. No.34445 of 2026(2) dt.19-05-2026
2/2
by learned counsel for the petitioner, referring to paragraph 9 of
the anticipatory bail petition, that the injury sustained by the
injured son of the informant is simple in nature. It has lastly
been submitted that the petitioner has got no criminal
antecedents.
5. Learned counsel for the State opposed the prayer
of anticipatory bail of the petitioner.
6. Heard the parties and perused the record.
7. Considering the facts and circumstances, let the
petitioner above named, in the event of his arrest/surrender
within six weeks from today in the Court below, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned ACJM-XIII, Saran at Chapra, in connection with
Taraiya P.S. Case No. 159 of 2025, subject to the conditions as
laid down under Section 482(2) of the Bhartiya Nagrik Suraksha
Sanhita.
(Praveen Kumar, J)
Pawan/-
U T
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