Patna High Court
Sonu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioners under Section 482(2) of the B.N.S.S.
Summary
The petitioners – Sonu Kumar, Chhotu Kumar and Harinandan Singh – sought anticipatory bail fearing arrest in a case registered under Sections 103(1), 61(2) and 3(5) of the B.N.S., alleging they assaulted the informant’s husband who later died. The prosecution alleged the assault caused the death, but the petitioners argued the FIR was contradictory to the post‑mortem report which showed death due to cardiogenic shock from dilated cardiomyopathy, and that the dispute was a long‑standing land issue. They also highlighted their clean antecedents and that co‑accused had already been granted anticipatory bail in a similar case. The State and the informant opposed the bail. The Court, considering the general nature of the accusation, the medical evidence, parity with co‑accused and the petitioners’ clean record, allowed the prayer for anticipatory bail subject to a bail‑bond of Rs.10,000 with two sureties each under Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the B.N.S.S. despite the FIR alleging assault leading to death
- Whether the post‑mortem report contradicts the FIR and warrants bail
- Whether the petitioners’ clean antecedents and parity with co‑accused justify anticipatory bail
Legislation cited
Subjects
- anticipatory bail
- FIR
- post‑mortem report
- land dispute
- clean antecedents
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72479 of 2025
Arising Out of PS. Case No.-26 Year-2025 Thana- SAMHO District- Begusarai
======================================================
1. Sonu Kumar S/o Sri Nabin Singh R/o vill - Bijuliya, P.S.- Shamho, Distt.-
Begusarai
2. Chhotu Kumar @ Chhotia S/o Sri Harinandan Singh @ Harinandan Kumar
R/o vill - Bijuliya, P.S.- Shamho, Distt.- Begusarai
3. Harinandan Singh @ Harinandan Kumar S/o Late Ram Bharosh Singh R/o
vill - Bijuliya, P.S.- Shamho, Distt.- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Ms. Vaishnavi Singh, Advocate
For the State : Mr. Uday Chand Prasad, APP
For the Informant : Mr. Prasoon Kumar, Advocate
Mr. Adarsh Raja, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 16-01-2026 Heard learned counsel appearing on behalf of the
petitioners, learned APP appearing on behalf of the State and
learned counsel for the informant.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Sections 103(1),
61(2) and 3(5) of the B.N.S..
3. As per prosecution case, all the F.I.R. named
accused persons, including these petitioners, assaulted husband
of informant as a result of which, husband of informant died.
4. It is submitted by learned counsel appearing on
behalf of the petitioners that petitioners are quite innocent and
Patna High Court CR. MISC. No.72479 of 2025(3) dt.16-01-2026
2/3
have committed no offence. From bare perusal of the F.I.R. it is
apparent that there was long standing land dispute between the
parties. As per F.I.R., all 11 F.I.R. named accused persons,
including these petitioners, assaulted the deceased, however, in
the post mortem report, only one swelling was found over the
left eye lid and cause of death is due to cardiogenic shock as a
result of dilated cardiomyopathy and thus, the F.I.R. stands
contradicted by the post mortem report. Similarly situated co-
accused persons have already been granted the privilege of
anticipatory bail by this Hon’ble Court vide order dated
09.12.2025 passed in Cr. Misc. No. 71574 of 2025. Petitioners
claim clean antecedents.
5. Learned A.P.P. for the State and learned counsel for
the informant have vehemently opposed the prayer for grant of
anticipatory bail to the petitioners.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation, materials that
have surfaced during course of investigation, claim based on
parity and clean antecedents of the petitioners, the prayer for
grant of anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
Patna High Court CR. MISC. No.72479 of 2025(3) dt.16-01-2026
3/3
petitioners be enlarged 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 learned Additional Chief
Judicial Magistrate-IV, Begusarai in connection with Shamho
P.S. Case No. 26 of 2025, subject to condition as laid down
under Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
Checking your session…