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Patna High Court

Sanjay Kumar @ KaluversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to both petitioners, subject to a bond of Rs.10,000 and two sureties each.

Summary

The petitioners, Sanjay Kumar and Guddu Kumar, applied for anticipatory bail in connection with a case registered under Bihta Police Station for offences under sections 126(2), 127(2), 115(2), 109, 74, 352 and 351(2) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the petitioners participated in an assault that caused simple injuries to the informant's brother, who fell unconscious, and that the accused threatened the informant’s family. The petitioners contended that they were falsely implicated, the injury was minor, they have no criminal record, and the dispute between the parties has been resolved. The State opposed the bail. Considering the general nature of the allegations, the simplicity of the injury, and the petitioners' clean record, the court ordered that, upon arrest or surrender within four weeks, the petitioners be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties each, subject to the satisfaction of the Additional Chief Judicial Magistrate, Danapur.

Issues considered

  • What is the appropriateness of granting anticipatory bail to the petitioners given the nature of the alleged offences and the simplicity of the injury?
  • Whether the petitioners' lack of criminal antecedent and the resolution of the dispute warrant bail?

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • assault
  • simple injury
  • no criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3837 of 2026
                         Arising Out of PS. Case No.-404 Year-2025 Thana- BIHTA District- Patna
                 ======================================================
           1.     Sanjay Kumar @ Kalu Son of Late Nandu Ram
           2.    Guddu Kumar @ Gudu Kumar Son of Late Nandu Ram
                 Both R/o Village - Banwaripur, P.S. - Bihta, District - Patna.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ashok Kumar Sinha, Advocate
                 For the Opposite Party/s :       Mr. Chandra Sen Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   28-01-2026                    1. Heard learned counsel for the parties.

                                   2. The petitioners in this application pray for bail

                   apprehending their arrest in connection with Bihta P.S. Case

                   no.404 of 2025 registered for the offence punishable under

                   sections 126(2), 127(2), 115(2), 109, 74, 352, 351(2) of the

                   Bharatiya Nyaya Sanhita, 2023.

                                3. As per the prosecution case, the informant states

                   that as a result of assault by the five named accused persons

                   including the two petitioners herein, his brother sustained

                   injuries as a result of which he fell down unconscious. He was

                   taken to the hospital for treatment. The accused persons

                   threatened to kill the members of the informant’s family.

                                4. Learned counsel for the petitioners submits that the
            Patna High Court CR. MISC. No.3837 of 2026(2) dt.28-01-2026
                                                        2/2




                      petitioners have been falsely implicated in the case. The injury

                      has been found to be simple in nature vide injury report brought

                      on record as Annexure P/3 to the petition. The differences

                      between the parties have been resolved. The petitioners have no

                      criminal antecedent and undertake to cooperate in the case/trial.

                                    5. The application for bail is opposed by learned

                      A.P.P. for the State.

                                   6. Having heard learned counsel for the parties and

                      taking into consideration the general and omnibus allegation

                      against the five accused persons including the two petitioners

                      herein, the nature of injury having been found to be simple in

                      nature and the petitioners not having any criminal antecedent, it

                      is directed that both the petitioners, above named, in the event

                      of their arrest or surrender before the learned Court below

                      within a period of four weeks, be released on anticipatory bail in

                      connection with Bihta P.S. Case no.404 of 2025 on each of them

                      furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with

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

                      learned Additional Chief Judicial Magistrate II, Danapur,

                      District Patna.


                                                  (Partha Sarthy, J)
Saurabh/-
U      T


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