Patna High Court
Sonu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted bail to the petitioners subject to a bond and specific conditions under Section 482(2) of the BNSS.
Summary
The petitioners, a group of villagers, were implicated in a FIR (Jurawanpur P.S. Case No.137 of 2025) alleging offences under several sections of the Bharatiya Nyaya Sanhita, including murder‑related provisions. They claimed innocence, asserting a case‑and‑counter‑case scenario and pointing out a ten‑day delay in filing the FIR and the simplicity of the injuries sustained. The State opposed bail, while the petitioners sought release pending trial. The Court, noting the existence of a case‑and‑counter‑case, the minor nature of injuries, and the delay in FIR registration, granted bail subject to a Rs.10,000 bond, two sureties, and conditions under Section 482(2) of the BNSS, including appearance before the trial court and non‑interference with witnesses. The order stipulated cancellation of bail for non‑compliance with these conditions.
Issues considered
- Whether bail should be granted to the petitioners under Section 482(2) of the Bharatiya Nyaya Sanhita despite the seriousness of the alleged offences.
- Whether the ten‑day delay in lodging the FIR and the simple nature of injuries justify bail.
- Whether the presence of a case‑and‑counter‑case between the parties affects the bail decision.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 118, 126(2), 190, 191(1), 191(3), 303(2), 351(2), 352, 482(2)
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Section 482
- case and counter-case
- simple injuries
- FIR delay
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4443 of 2026
Arising Out of PS. Case No.-137 Year-2025 Thana- JURAWANPUR District- Vaishali
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1. Sonu Kumar S/O Vishwanath Rai Resident of Village-Virpur, Ward No. 12,
P.S.-Jurawanpur, District- Vaishali at Hajipur.
2. Ramesh Rai Son of Malhu Rai Resident of Village-Virpur, Ward No. 12,
P.S.-Jurawanpur, District- Vaishali at Hajipur.
3. Vishwanath Rai Son of Late Janak Rai. Resident of Village-Virpur, Ward
No. 12, P.S.-Jurawanpur, District- Vaishali at Hajipur.
4. Chandan Kumar Son of Fudena Rai. Resident of Village-Virpur, Ward No.
12, P.S.-Jurawanpur, District- Vaishali at Hajipur.
5. Anil Kumar @ Anil Kumar Rai @ Anil Kumar Silver Son of Vishwanath
Rai. Resident of Village-Virpur, Ward No. 12, P.S.-Jurawanpur, District-
Vaishali at Hajipur.
6. Arun Rai @ Arun Kumar Son of Neman Rai. Resident of Village-Virpur,
Ward No. 12, P.S.-Jurawanpur, District- Vaishali at Hajipur.
7. Mukesh Kumar son of Neman Rai. Resident of Village-Virpur, Ward No. 12,
P.S.-Jurawanpur, District- Vaishali at Hajipur.
8. Mulayam Rai @ Mulayam Singh Son of Panne Lal Rai. Resident of Village-
Virpur, Ward No. 12, P.S.-Jurawanpur, District- Vaishali at Hajipur.
9. Ajay Rai son of Wisar Rai. Resident of Village-Virpur, Ward No. 12, P.S.-
Jurawanpur, District- Vaishali at Hajipur.
10. Kundan Rai @ Kundan Kumar Yadav Son of Lalan Rai. Resident of Village-
Virpur, Ward No. 12, P.S.-Jurawanpur, District- Vaishali at Hajipur.
11. Sachin Kumar Son of Dingar Rai. Resident of Village-Virpur, Ward No. 12,
P.S.-Jurawanpur, District- Vaishali at Hajipur.
12. Bittu Kumar son of Ramesh Rai. Resident of Village-Virpur, Ward No. 12,
P.S.-Jurawanpur, District- Vaishali at Hajipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Sudha
For the Opposite Party/s : Mr. Md. Mushtaque Alam
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 24-02-2026 Heard learned counsel for the petitioners and
learned APP for the State.
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2. The petitioners are apprehending their arrest in
connection with Jurawanpur P.S. Case No.137 of 2025, dated
22.06.2025 case registered for the offence punishable under
Sections 190, 191(1), 191(3), 115(2), 118, 126(2), 109, 303(2),
352, 351(2) of the Bharatiya Nyaya Sanhita.
3. As per the FIR, the petitioners and other co-
accused persons, with the intention of killing him, threw the
informant to the ground and began beating him with sticks.
When his sister-in-law raised an alarm, his family members
came to the spot and were also assaulted by the petitioners.
4. Learned counsel for the petitioners submits that
the petitioners are innocent and have been falsely implicated in
this case. He further submits that, with respect to the same
occurrence, there is a case and counter-case between the parties.
After the registration of the FIR by the petitioners’ side, the
present FIR is said to have been lodged by the informant after a
delay of 10 days from the date of the incident, and there is no
plausible explanation in the entire FIR for the delay in lodging
the same. It is next submitted that the injuries sustained by the
injured persons are simple in nature. Lastly, it is submitted that
petitioner no. 4 has three criminal antecedents, petitioner no. 7
has one criminal antecedent, and the rest of the petitioners have
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no criminal antecedents.
5. On the other hand, the learned APP for the State
has opposed the prayer for bail of the petitioners.
6. Taking into account that there is case and
counter-case between the parties and the injuries are simple in
nature, let the above named petitioners, be released on bail, in
the event of their arrest or surrender before the learned Court
below within a period of six weeks from today, on furnishing
bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two
sureties of the like amount each to the satisfaction of the learned
Sub-Judge 15-cum-ACJM, Vaishali at Hajipur/ Successor Court
in connection with Jurawanpur P.S. Case No.137 of 2025,
subject to the conditions as laid down under Section 482(2) of
the BNSS as well as the following conditions:
(i) One of the bailors should be the family
member/relative/ known of the petitioner(s) who shall provide
official document/ personal affidavit to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of his/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
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promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
shikha/-
U T
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