Patna High Court
Suman Kumar VermaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner with conditions, finding that the circumstances did not preclude release.
Summary
The petitioner, Suman Kumar Verma, was charged under multiple sections of the Bharatiya Nyaya Sanhita, 2023 for allegedly assaulting an informant with an iron rod, stabbing him with a knife, molesting a female family member and stealing a mangalsutra worth Rs. 1,17,000. The prosecution alleged that the petitioner and co‑accused attacked the informant and his family, causing a head fracture and other injuries. The petitioner contended that he was falsely implicated, citing a counter‑case filed by his wife against the informant and arguing that the injuries were superficial. He also highlighted that he had been in custody since 29‑06‑2025, a charge‑sheet had been filed, and he was already on bail in two other cases. The State opposed bail, emphasizing the specific allegations of violent assault and stabbing. After considering the facts, the existence of a case and counter‑case, the period of custody and the charge‑sheet, the court ordered his release on bail with a bond of Rs. 10,000 and two sureties, subject to conditions under Section 480(3) of the BNSS. The bail order also required the petitioner’s presence at all court dates and stipulated cancellation of bail for non‑compliance.
Issues considered
- What is the appropriateness of granting bail to the petitioner given the seriousness of the offences alleged under the Bharatiya Nyaya Sanhita?
- Does the existence of a counter‑case and the nature of the injuries affect the bail decision?
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 303(2), 308(2), 3(5), 480(3), 76
Subjects
- bail
- criminal procedure
- assault
- theft
- molestation
- Bharatiya Nyaya Sanhita
- Section 480
- case and counter case
- violence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69305 of 2025
Arising Out of PS. Case No.-160 Year-2025 Thana- KOPA District- Saran
======================================================
Suman Kumar Verma S/o Gulab Chand Maurya Resident of Village - Sadhpur
Bali, P.S - Kopa, District - Saran at Chhapra.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bindhyachal Singh, Sr. Advocate
Mr. Yashraj Bardhan, Advocate
Mr. Kumar Awnish Ankit, Advocate
For the Opposite Party/s : Mr. Akshay Lal Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 06-01-2026 Heard learned senior counsel appearing on behalf of
the petitioner and learned APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Kopa P.S. Case No. 160 of 2025 registered for
the alleged offences under Sections 126(2), 115(2), 118(1), 109,
76, 303(2), 308(2) r/w Section 3(5) of Bharatiya Nyaya Sanhita,
2023.
03. As per prosecution case, petitioner and other co-
accused persons armed with iron rod, lathi, danda, farsa and
country made katta, came to the doors of the informant and this
petitioner hit the informant with iron rod on his head, causing its
fracture. Other co-accused persons also indiscriminately
assaulted the informant. Further allegation against the petitioner
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is that he also gave a knife blow to the informant. When the
family members of the informant intervened, they were
assaulted with iron rod and female member was molested and
the petitioner snatched a Mangalsutra worth Rs. 1,17,000/- from
the daughter-in-law of the informant.
04. Learned senior counsel appearing on behalf of the
petitioner submits that the petitioner is innocent and has been
falsely implicated in this case. Learned senior counsel further
submits that there is case and counter case and wife of this
petitioner has lodged Kopa P.S. Case No. 161 of 2025 against
the informant side as they brutally assaulted the petitioner and
his other family members. The whole occurrence took place in
the background of the fact that the wife of the petitioner went to
make query from the informant why he had sold her share of
land. The petitioner is a vegetable seller. Learned senior
counsel further submits that the injury report of the informant
shows only simple injuries, though stated to be caused by sharp
object but the injuries are superficial in nature. Injuries of other
victims are merely pain, swelling and abrasion. Learned senior
counsel further submits that the petitioner is in custody since
29.06.2025 and charge-sheet has been submitted. The petitioner
is having antecedent of two cases and is on bail in both the
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cases.
05. Learned APP for the State opposes the submission
made on behalf of the petitioner. Learned APP submits that there
is specific allegation against the petitioner that he assaulted the
informant with iron rod on his head and also stabbed him with
knife in his chest.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
case and counter case of the parties and further considering the
period of custody of the petitioner along with submission of
charge-sheet, the petitioner above named is directed to be
released on bail on furnishing bail bonds of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of learned Judicial Magistrate 1st Class, Saran at
Chapra/court concerned in connection with Kopa P.S. Case No.
160 of 2025, subject to the conditions mentioned in Section
480(3) of BNSS and the following conditions:
(i) One of the bailors will be a close relative of
the petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below.
(iii) In case of absence on three consecutive dates
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or in violation of the terms of the bail, the bail
bond of the petitioner will be liable to be
cancelled by the court concerned.
(Arun Kumar Jha, J)
Ashish/-
U T
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