Patna High Court
Suresh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Criminal Procedure Code — s. 482(2)
- Indian Penal Code — s. 307, 323, 324, 341, 379, 504/34
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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