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Patna High Court

Suman KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail be granted to the petitioner subject to prescribed conditions.

Summary

The petitioner, Suman Kumar, was arrested on 14 March 2026 in connection with an FIR dated 03 November 2026 alleging assault on an informant and his family under several sections of the Bihar Penal Code, 2023. He sought bail, contending a clean antecedent and that the FIR contains a general allegation against all accused, with specific assault allegations directed at co‑accused Tetar Yadav and Roshan Kumar, who had already been granted bail. The State opposed the bail application, arguing the seriousness of the offences. The Court noted the petitioner’s clean record, the similarity of the allegations to those against the co‑accused who were bailed, and the lack of any specific incriminating evidence against him. Accordingly, the Court ordered bail on a Rs.10,000 bond with two sureties and imposed conditions regarding cooperation, presence in court, and non‑tampering with evidence.

Issues considered

  • Whether bail should be granted to the petitioner despite the serious offences alleged under the Bihar Penal Code, 2023.
  • Whether the petitioner’s clean antecedent and the grant of bail to co‑accused justify bail in this case.
  • Whether the specific allegations against the petitioner warrant denial of bail.

Legislation cited

Subjects

  • bail
  • assault
  • clean antecedent
  • Criminal Procedure Code
  • Bihar Penal Code
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39523 of 2026
                        Arising Out of PS. Case No.-7 Year-2026 Thana- AMARPUR District- Banka
                 ======================================================
                 Suman Kumar S/o Tetar Yadav Resident of Village- Chhattar, Police Station-
                 Fullidumar, Distt.- Banka

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Suman Kumar, Advocate
                 For the Opposite Party/s :       Ms.Anita Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   25-06-2026                  Heard Mr.Suman Kumar,learned counsel for the

                   petitioner and Ms.Anita Kumari, learned A.P.P. for the State.

                                2. The petitioner seeks bail, who is in custody since

                   14.03.2026 in connection with Amarpur Fullidumar P.S. Case

                   No. 07 of 2026, F.I.R. dated 03.11.2026 registered for the

                   offence punishable           under Sections 126(2), 115(2), 117(2),

                   109(1), 352, 351(2),3(5) of BNS, 2023.

                                3. Allegation against the petitioner is that he

                   alongwith co-accused persons assaulted the informant and his

                   family members with lathi, danda, iron rod, khanti due to which

                   they sustained injuries.

                                4. Learned counsel appearing for the petitioner

                   submits that the petitioner has clean antecedent. From a bare

                   perusal of the FIR it appears that due to some petty dispute the
Patna High Court CR. MISC. No.39523 of 2026(2) dt.25-06-2026
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          present occurrence has taken place. The FIR is in two parts. In

          1st part, there is general and omnibus allegation against all the

          accused persons including the petitioner and in 2nd part, specific

          allegation of assault is attributed against co-accused person,

          namely, Tetar Yadav and Roshan Kumar and said co-accused

          person, namely, Tetar Yadav and Anr. have been granted bail by

          this Court vide order dated 28.04.2026 passed in Cr. Misc.

          No.28765 of 2026 and the police, after investigation, submitted

          chargesheet against the petitioner and the petitioner is in custody

          since 14.03.2026.

                       5. Learned APP for the State has opposed the prayer

          for bail of the petitioner.

                       6. Considering the aforesaid fact, petitioner has clean

          antecedent, there is specific allegation against the petitioner and

          co-accused person, namely, Tetar Yadav, against whom the

          similar allegation, has been granted bail by this Court, let the

          petitioner, above named, 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 learned Chief Judicial

          Magistrate, Banka in connection with Amarpur Fullidumar P.S.

          Case No. 07 of 2026, with the following conditions:-

                       (I) Petitioner shall co-operate in the trial and shall be
               Patna High Court CR. MISC. No.39523 of 2026(2) dt.25-06-2026
                                                           3/3




                         properly represented on each and every date fixed by the Court

                         and shall remain physically present as directed by the Court and

                         on his/her absence on two consecutive dates without sufficient

                         reason, his/her bail bond shall be cancelled by the Court below.

                                      (II) If the petitioner tampers with the evidence or the

                         witnesses, in that case, the prosecution will be at liberty to move

                         for cancellation of bail.

                                      (III) And, further condition that the court below shall

                         verify the criminal antecedent of the petitioner and in case at

                         any stage, it is found that the petitioner has concealed his

                         criminal antecedent, the court below shall take step for

                         cancellation of bail bond of the petitioner. However, the

                         acceptance of bail bonds in terms of the above-mentioned order

                         shall not be delayed for purpose of or in the name of

                         verification.



                                                (Rajesh Kumar Verma, J)
Nitesh/-

U          T


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