Patna High Court
Suman KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Penal Code, 2023 — s. 109(1), 115(2), 117(2), 126(2), 3(5), 351(2), 352
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
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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
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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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