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Patna High Court

Satish KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioner subject to a bail bond and sureties.

Summary

Satish Kumar applied for anticipatory bail after being implicated in a case arising from a dispute during the construction of a PCC road, where he and co‑accused allegedly assaulted the informant's father and two others. The prosecution alleged offences under Sections 126(2), 115(2), 109(1), 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita. The petitioner contended that the incident was a mutual fight resulting in only simple injuries and that he has a clean antecedent. The court considered the nature of the alleged offences, the simplicity of the injuries and the petitioner's clean record. Applying Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the court granted anticipatory bail with a bond of Rs.10,000 and two sureties, subject to conditions.

Issues considered

  • Whether anticipatory bail should be granted in a case involving offences under Sections 126(2), 115(2), 109(1), 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita
  • Whether the presence of simple injuries and a clean antecedent justify the grant of anticipatory bail
  • Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, permits the court to enlarge bail in the present circumstances

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • simple injury
  • clean antecedent
  • Bharatiya Nyaya Sanhita
  • Bharatiya Nagarik Suraksha Sanhita
  • Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.77024 of 2025
                    Arising Out of PS. Case No.-211 Year-2024 Thana- BHAGWANGANJ District- Patna
                 ======================================================
                 Satish Kumar S/o Kameshwar Prasad Singh R/o Village - Nagauli, P.S -
                 Bhagwanganj, District - Patna

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sunil Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr. Vinod Shanker Modi, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   16-01-2026                   Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in a case registered for

                   the offences punishable under Sections 126(2), 115(2), 109(1),

                   352, 351(2), 3(5) of the Bharatiya Nyaya Sanhita.

                                3. As per the prosecution case, on 19.11.2024 at about

                   10:30 AM, while the P.C.C. road was being constructed, this

                   petitioner along with other co-accused persons came there and

                   co-accused Pintu Kumar stopped the mixing machine and

                   thereafter, all accused persons assaulted father of informant and

                   other two persons.

                                4. Learned counsel for the petitioner submits that a

                   free fight took place between the parties over construction of

                   PCC road in which both sides sustained injuries. Case and

                   counter case. Injury sustained by the injured is simple in nature.
              Patna High Court CR. MISC. No.77024 of 2025(2) dt.16-01-2026
                                                          2/2




                        Petitioner claims clean antecedent.

                                     5. Learned A.P.P. for the State vehemently opposed

                        the bail application.

                                     6. Considering the nature of accusation, simple injury

                        and clean antecedent, this anticipatory bail is allowed and it is

                        ordered that let the above named petitioner in the event of his

                        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) with two sureties of the like

                        amount each to the satisfaction of learned Additional Chief

                        Judicial Magistrate, Masaudhi in connection with Bhagwanganj

                        P. S. Case No. 211 of 2024, subject to condition as laid down

                        under Section 482(2) of the Bharatiya Nagarik Suraksha

                        Sanhita, 2023.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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