Patna High Court
Choudhary DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the petitioners' application for regular bail.
Summary
The petitioners, Choudhary Das and Suman Kumar, were arrested in connection with an assault on an informant's husband using a knife, alleged under Sections 126(2), 115(2), 118(1), 109(1), 308(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. They have been in custody since 19 February 2026 and claim innocence, a clean antecedent, and willingness to compensate the victim Rs 40,000 collectively. The State opposed the bail application, arguing the seriousness of the offences. The court considered the facts, the petitioners' clean record, and the compensation offer, and decided to grant regular bail. Each petitioner was ordered to furnish a bail bond of Rs 10,000 with two sureties of the same amount and to produce a demand draft of Rs 40,000 for the victim.
Issues considered
- Whether the accused are entitled to regular bail despite the nature of the offences under the Bharatiya Nyaya Sanhita, 2023
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 118(1), 126(2), 308(4), 3(5)
Subjects
- regular bail
- assault
- Bharatiya Nyaya Sanhita
- criminal procedure
- compensation
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43195 of 2026
Arising Out of PS. Case No.-122 Year-2026 Thana- AMARPUR District- Banka
======================================================
1. Choudhary Das S/o Shyam Sundar Das @ Shyamlal Das R/o vill - Choti
Jankipur, Amarpur, P.S.- Amarpur, Distt.- Banka
2. Suman Kumar S/o Suresh Paswan R/o vill - Amarpur Block, P.S.- Amarpur,
Distt.- Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhirendra Kumar
For the Opposite Party/s : Mr. Umesh Lal Verma
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 02-07-2026 Heard the learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek regular bail in connection with
Amarpur P.S. Case No. 122 of 2026 registered for the offence
under Sections 126(2), 115(2), 118(1), 109(1), 308(4) and 3(5)
of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the allegation against
the petitioners is that they along with other co-accused persons
assaulted the informant’s husband with a knife due to which he
sustained injury.
4. Learned counsel for the petitioners submits that
the petitioners are innocent and have not committed any
Patna High Court CR. MISC. No.43195 of 2026(2) dt.02-07-2026
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offence. The petitioners are in custody since 19.02.2026 and
claim clean antecedent. It is also submitted that the petitioners,
without accepting their guilt, are ready to make good the loss to
the victim to the tune of Rs. 40,000/- collectively.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances
and the submission advanced on behalf of the petitioners, this
application for regular bail is allowed.
7. Let the petitioners, above named, be released on
bail on furnishing bail bond of Rs. 10,000/- (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 Amarpur P.S. Case No. 122 of 2026
subject to condition that:-
(i) At the time of furnishing the bail
bonds, the petitioners shall produce a demand
draft of Rs. 40,000/- (Rupees Forty Thousand only)
collectively in the name of the victim/informant,
and after verifying its genuineness, the same shall
be handed over to the victim by the learned Court
below.
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
Patna High Court CR. MISC. No.43195 of 2026(2) dt.02-07-2026
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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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