Patna High Court
Sonu Chauhan @ Sonu Kumar @ SonuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted anticipatory bail to the petitioners subject to conditions.
Summary
The petitioners, five residents of Mathuri Tola Karbala, sought anticipatory bail fearing arrest in a case registered under multiple sections of the Bharatiya Nyaya Sanhita for alleged assault, robbery and other offences. They contended that the incident was a simple scuffle over mangoes, resulting only in minor injuries, and that the charges were exaggerated. The State opposed the bail, arguing the seriousness of the offences. The court examined the nature of the allegations, the simplicity of injuries, and the fact that similarly situated co‑accused had already been granted bail. Finding no likelihood of the petitioners fleeing or tampering with evidence, the court allowed anticipatory bail, directing them to surrender within eight weeks and furnish a bail bond of Rs 10,000 with two sureties, subject to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the circumstances of the case
- Whether the alleged offences constitute a grave charge warranting denial of bail
- Whether the petitioners are likely to flee, tamper with evidence or influence witnesses
- Application of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in granting anticipatory bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 118(1), 126(2), 190, 191(2), 191(3), 305A, 3(5)
Subjects
- anticipatory bail
- assault
- criminal procedure
- Bharatiya Nyaya Sanhita
- Section 482
- bail conditions
- simple injuries
- mango dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75971 of 2025
Arising Out of PS. Case No.-202 Year-2025 Thana- DEHRI TOWN District- Rohtas
======================================================
1 . Sonu Chauhan @ Sonu Kumar @ Sonu S/o- Late Prem Chauhan Resident of
Village- Mathuri Tola Karbala, P.S- Dalmiangar, District- Rohtas
2. Vishal Chauhan @ Vishal Kumar @ Vishal S/o- Late Prem Chauhan
Resident of Village- Mathuri Tola Karbala, P.S- Dalmiangar, District- Rohtas
3. Ashok Paswan @ Shlok Paswan @ Shlok @ Slok S/o- Binod Paswan @
Binod Resident of Village- Mathuri Tola Karbala, P.S- Dalmiangar, District-
Rohtas
4. Golu Kumar @ Golu S/o- Sampat Paswan Resident of Village- Mathuri Tola
Karbala, P.S- Dalmiangar, District- Rohtas
5. Kanwar Paswan @ Banwar Paswan @ Kanwar @ Banwar S/o- Binod
Paswan Resident of Village- Mathuri Tola Karbala, P.S- Dalmiangar,
District- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manish Kumar No 13, Advocate
For the Opposite Party/s : Mr. Dilip Kumar No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 16-01-2026 Heard learned counsel for the petitioners and the
State .
2. Petitioners apprehend arrest in a case registered for
the offences punishable under Sections 191(2), 191(3), 190,
115(2), 126(2), 118(1), 109, 305A, 3(5) of the Bharatiya Nyaya
Sanhita.
3 . As per F.I.R. all the named accused persons
including these petitioners assaulted informant and others by
means of lathi as a result of which three persons sustained
Patna High Court CR. MISC. No.75971 of 2025(2) dt.16-01-2026
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injuries. It is further alleged that the co-accused persons also
snatched away ornaments and cash .
4. Learned counsel for the petitioners submits that
petitioners are innocent and have committed no offence . It is
further submitted that scuffle took place between the parties
over plucking of Mangoes in which both sides sustained
injuries. Case and counter case. Allegation of assault is general
and omnibus. Injuries sustained by the injured are simple in
nature . Rest of the allegations are ornamental only to make the
case grave . Similarly situated co-accused persons have already
been granted bail by this Hon’ble Court vide order dated
17.09.2025 in Cr. Misc. No. 65060 of 2025 .
5 . Learned A.P.P. for the State vehemently opposed
the bail application .
6. Considering the nature of accusation and simple
injuries, this anticipatory bail is allowed and it is ordered that let
the above named petitioners in the event of their arrest/surrender
before the court below within a period of eight weeks from
today, 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 Sub-Divisional Judicial
Magistrate, Dehri Town Rohtas in connection with Dehri Town
Patna High Court CR. MISC. No.75971 of 2025(2) dt.16-01-2026
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P. S. Case No. 202 of 2025 , subject to condition as laid down
under Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita, 2023 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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