Patna High Court
Satish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 126(2), 3(5), 351(2), 352
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
Checking your session…