Patna High Court
Sonu Sipoliya @ Sonu Sonu Kumar @ Sonu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The Court granted anticipatory bail to the petitioners subject to a bond of Rs 30,000 each and conditions under Section 2(1)(d) and Section 482(2) of the BNSS, 2023.
Summary
The petitioners, Sonu Sipoliya and Surendra Baharkher, were named in FIR No. 271 of 2025 under multiple sections of the Bhartiya Nyaya Sanhita, 2023, alleging a violent assault and attempted murder stemming from a land boundary dispute between agnate parties. They sought anticipatory bail, asserting innocence and that the dispute arose from a tractor cutting an agricultural boundary, leading to a scuffle and injuries on both sides, with a counter‑case also filed. The State opposed bail, emphasizing the seriousness of the charges and the existence of a pending case against one petitioner. The Court noted the mutual agnate relationship, the parallel counter‑case, and the lack of prior serious criminal record (except a pending 2015 case for petitioner No. 2). Applying Section 2(1)(d) of the BNSS, 2023 and the inherent powers under Section 482(2), the Court granted anticipatory bail to both petitioners, subject to a Rs 30,000 bond and standard conditions.
Issues considered
- Whether anticipatory bail can be granted under Section 2(1)(d) of the Bhartiya Nyaya Sanhita, 2023 in a case involving serious offences such as murder, assault and robbery.
- Whether the existence of a counter‑case and the agnate relationship between the parties affect the grant of anticipatory bail.
- Whether a pending criminal case against one of the petitioners precludes the grant of anticipatory bail.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 115, 118(1), 126(2), 2(1)(d), 303(2), 3(5), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- Bhartiya Nyaya Sanhita
- land dispute
- agnate parties
- criminal procedure
- Section 2(1)(d)
- Section 482(2)
- murder
- assault
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42060 of 2026
Arising Out of PS. Case No.-271 Year-2025 Thana- BIRPUR District- Supaul
======================================================
1. Sonu Sipoliya @ Sonu Sonu Kumar @ Sonu Kumar S/o Kishun Sipoliya
R/o Village - Bhawanipur, Ward No. 05, P.S.- Birpur, District - Supaul
2. Surendra Baharkher @ Surendra Kumar S/o Kamanand Baharkher R/o
Village - Bhawanipur, Ward No. 05, P.S.- Birpur, District - Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Mr. Ashok Kumar, Advocate
Mr. Ajay Kumar, Advocate
Mr. Kanhaiya Kumar, Advocate
Mr. Ajeet Kumar, Advocate
For the State : Mr. Brajendra Nath Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 01-07-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners are apprehending arrest in
connection with Birpur P.S. Case No. 271 of 2025, dated
31.07.2025, lodged under Sections 126(2), 115, 118(1), 303(2),
109, 352, 351(2) & 3(5) of the Bhartiya Nyaya Sanhita, 2023
(hereinafter referred to as “BNS, 2023”).
3. As per the prosecution, FIR has been lodged
against 12 named accused persons, including the present
petitioners, alleging that they, in connivance with each other,
surrounded the informant, started abusing him, and, with a view
to kill, attacked his head with a kudaal. Subsequently, an
Patna High Court CR. MISC. No.42060 of 2026(2) dt.01-07-2026
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allegation has been made against the petitioner that he assaulted
the informant with a sharp-cutting weapon, due to which the
informant's left leg and left hand were cut. Subsequently, an
allegation of snatching of a gold chain has also been made.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have committed no offence.
Counsel further submits that the informant and the petitioners’
side are agnates and the dispute arose due to the creation of a
boundary in the agricultural field. Counsel further submits that
the medh (agricultural boundary) was cut by a tractor, and only
for this reason did the dispute arise between the parties.
Thereafter, a scuffle took place from both sides, and persons
from both sides sustained injuries. In this regard, two cases have
been lodged, firstly, Birpur P.S. Case No. 271 of 2025 by the
informant’s side, and secondly, Birpur P.S. Case No. 272 of
2025 by the petitioners’ side, for the same date and place of
occurrence. Counsel further submits that, with a view to making
the case appear heavier, the informant has suppressed the fact of
the land dispute. Counsel also submits that petitioner No. 1 has
a clean criminal antecedent. However, one criminal case of the
year 2015 is pending against petitioner No. 2, in which he is on
bail.
Patna High Court CR. MISC. No.42060 of 2026(2) dt.01-07-2026
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5. Learned APP for the State opposes the prayer for
bail of the petitioners but fairly submits that, for the same date
and place of occurrence, there is a case and counter-case
between the parties. Counsel also submits that both the parties
are agnates.
6. Considering the facts and circumstances of the
present case, let the above-named petitioners be released on
anticipatory bail, in the event of arrest or surrender before the
Trial Court within a period of 4 weeks from today, on furnishing
bail bond of Rs.30,000/- (Rupees Thirty Thousand) each as
mentioned in Section 2(1)(d) of the BNSS, 2023 to the
satisfaction of Additional Chief Judicial Magistrate, Birpur, in
connection with Birpur P.S. Case No. 271 of 2025, subject to the
conditions as laid down U/s 482(2) of the BNSS, 2023.
(Dr. Anshuman, J.)
Aman Kumar/-
U T
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