Patna High Court
Sudhir KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SANDEEP KUMAR
Holding
The court stayed arrest in the first petition and permitted a fresh anticipatory bail application, and granted anticipatory bail in the second petition subject to bond conditions.
Summary
The petitioners, Sudhir Kumar and Jai Kumar, sought anticipatory bail fearing arrest in Patepur Police Station Case No. 143 of 2025, which alleged assault under several sections of the Bharatiya Nyaya Sanhita. The prosecution claimed they assaulted the informant’s husband, but the injury report was not on record. The petitioners argued they had not committed the assault and highlighted their prior criminal antecedents. The court, noting the absence of an injury report, dismissed the first anticipatory bail application but allowed the petitioners to file a fresh application after the report is produced, staying any arrest. In the second application, the court granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482 of the BNSS.
Issues considered
- Whether anticipatory bail can be granted in the absence of an injury report supporting the assault allegation.
- Whether the requirements of Section 438(2) CrPC and Section 482 BNSS are satisfied to justify granting anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 126(2), 303(2), 329(3), 3(5), 352, 482, 76
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Bharatiya Nyaya Sanhita
- injury report
- Section 438 CrPC
- Section 482 BNSS
- arrest stay
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59014 of 2025
Arising Out of PS. Case No.-143 Year-2025 Thana- PATEPUR District- Vaishali
======================================================
Sudhir Kumar S/o Baidhnath Rai R/o Village- Repura, P.S.- Patepur, District-
Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 60506 of 2025
Arising Out of PS. Case No.-143 Year-2025 Thana- PATEPUR District- Vaishali
======================================================
Jai Kumar Ravi @ Jai Kumar Rai Son of Jagarnath Rai Resident of Village-
Repura, Police Station-Patepur, District -Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 59014 of 2025)
For the Petitioner/s : Mr.Akshay Tripathi, Advocate
For the Opposite Party/s : Mr.Madan Kumar, APP
(In CRIMINAL MISCELLANEOUS No. 60506 of 2025)
For the Petitioner/s : Mr.Akshay Tripathi,Advocate
For the Opposite Party/s : Mr.Md. Shakir Ahmad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 20-02-2026 Ref:- Cr. Misc. No. 59014/2025
Heard learned counsel for the petitioner, learned
counsel for the informant and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection
with Patepur P.S. Case No. 143 of 2025 instituted under
Sections 115(2), 126(2), 303(2), 76, 109, 329(3), 352, 3(5) of
Patna High Court CR. MISC. No.59014 of 2025(4) dt.20-02-2026
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the Bharatiya Nyaya Sanhita.
3. As per the prosecution case, petitioner is accused
of assaulting the husband of the informant on his head causing
injury.
4. Learned counsel for the petitioner submits that the
petitioner has not assaulted anyone. Petitioner has two criminal
antecedents.
5. Learned APP for the State as well as learned
counsel for the informant have jointly opposed the prayer for
anticipatory bail of the petitioner.
6. The injury report of the husband of the informant
is not present on the record.
7. In these circumstances, this application is disposed
of with liberty to the petitioner to file a fresh anticipatory bail
in the court below who will call for the injury report and
thereafter pass an appropriate order as it has been submitted by
the learned counsel for the petitioner that there is no injury
report and if it is found that there is no injury report,
appropriate order shall be passed for disposal of the
anticipatory bail application of the petitioner.
8. Till further orders of the court below, the petitioner
in the aforementioned case shall not be arrested.
Patna High Court CR. MISC. No.59014 of 2025(4) dt.20-02-2026
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Ref.:- Cr. Misc. No. 60506/2025
9. The petitioner apprehends arrest in connection
with Patepur P.S. Case No. 143 of 2025 instituted under
Sections 115(2), 126(2), 303(2), 76, 109, 329(3), 352, 3(5) of
the Bharatiya Nyaya Sanhita.
10. As per the prosecution case, petitioner is
accused of assaulting the informant causing the simple injury.
11. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
been implicated in this case. Petitioner has two criminal
antecedents.
12. Learned A.P.P. for the State opposes the prayer
for anticipatory bail of the petitioner.
13. Considering the aforesaid facts, this application
is allowed.
14. Let the petitioner, above named, in the event of
his arrest or surrender before the concerned Court below within
four weeks from today, 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 the learned Chief Judicial
Magistrate, Vaishali/ concerned Court below in connection with
Patepur P.S. Case No. 143 of 2025, subject to the conditions laid
Patna High Court CR. MISC. No.59014 of 2025(4) dt.20-02-2026
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down in Section 438(2) of the Code of Criminal Procedure,
1973 / Section 482 of the BNSS.
(Sandeep Kumar, J)
tusharika/-
U T
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