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Patna High Court

Suresh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioners, subject to bond and surety conditions.

Summary

Petitioners Suresh Kumar and Sachidanand Kumar were implicated in a 2022 case (Laukaha P.S. Case No. 158) for offences under IPC sections 341, 323, 324, 307, 379 and 504/34, alleged to involve assault causing simple injury. Fearing arrest, they filed an anticipatory bail application, asserting innocence. The State opposed the bail, arguing the seriousness of the charges. The court, noting that the injury was simple and applying the principles of Section 482(2) of the Criminal Procedure Code, allowed the anticipatory bail with a bond of Rs.10,000 and two sureties, subject to conditions. The order clarified that its observations were prima facie and limited to the bail application, without prejudice to the trial.

Issues considered

  • Whether anticipatory bail can be granted in a case involving alleged assault causing simple injury under the listed IPC sections
  • Whether the nature of the offences and the alleged injury justify denial of bail
  • Application of Section 482(2) of the Criminal Procedure Code in granting anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • Indian Penal Code
  • simple injury
  • Section 482
  • bail conditions
  • Criminal Procedure Code
  • assault

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38176 of 2026
                     Arising Out of PS. Case No.-158 Year-2022 Thana- LAUKAHA District- Madhubani
                 ======================================================
           1.     Suresh Kumar Son of Shiv Shankar Sah Resident of Village - Nahari, P.S.-
                  Laukaha As per FIR but Actual R/o Village- Bela, Ward NO. -11, P.S.-
                  Khutauna, District- Madhubani.
           2.    Sachidanand Kumar Son of Ramchandra Sah Resident of Village - Nahari,
                 P.S.- Laukaha As per FIR but Actual R/o Village- Bela, Ward NO. -11, P.S.-
                 Khutauna, District- Madhubani.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Manoj Kumar Pandey, Advocate
                                                  Ms. Kumari Pallavi, Advocate
                 For the Opposite Party/s :       Mr. Satya Nand Shukla, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   16-06-2026                   Heard the learned counsel for the petitioners and

                   learned counsel for the State.

                                 2. The petitioners apprehend arrest in connection with

                   Laukaha P.S. Case No. 158 of 2022 registered for offences

                   under Sections 341, 323, 324, 307, 379, 504/34 of the Indian

                   Penal Code.

                                 3. As per the prosecution case, the petitioners are

                   accused of assaulting the victim causing simple injury.

                                 4. Learned counsel for the petitioners submits that the

                   petitioners are quite innocent and have not committed any

                   offence.
            Patna High Court CR. MISC. No.38176 of 2026(2) dt.16-06-2026
                                                        2/2




                                   5. Learned APP for the State has vehemently opposed

                      the prayer for bail.

                                   6. Considering the facts and circumstances of the case

                      and the injury which is simple in nature, this application for

                      anticipatory bail is allowed.

                                   7. Accordingly, let the petitioners, above-named, in

                      the event of their arrest or surrender within four weeks from

                      today in the Court below, be released on bail on furnishing bail

                      bonds of Rs.10,000/- (Rupees ten thousand) each with two

                      sureties of the like amount each to the satisfaction of the learned

                      Court below where the case is pending/successor court in

                      connection with Laukaha P.S. Case No. 158 of 2022 subject to

                      the conditions as laid down under Section 482(2) of the BNSS.

                                   8. It is made clear that any observation made herein is

                      prima facie in nature and limited solely for the purpose of

                      adjudication of the present bail application. Such observations

                      shall not be construed as an expression on the merits of the case

                      and shall not influence the trial or any other proceedings in any

                      manner.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T


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