Patna High Court
Sonu Kumar @ Geet Sagar KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the allegations were too general and lacked sufficient evidence of intent to cause death, and therefore granted bail to the petitioners.
Summary
The petitioners, Sonu Kumar and Rishikesh Kumar, were named in an FIR (Town P.S. Case No.346 of 2020) under IPC sections 341, 323, 307 read with 34 for allegedly assaulting Jitendra Kumar and throwing him into a drain. The injured party’s statement identified the petitioners and another person as assailants, but only a nasal fracture was medically recorded, and no weapon was alleged to have been used. The petitioners argued that the assault was general, lacked the requisite intent for an attempt to murder, and that the evidence was insufficient to sustain a prima facie case under Section 307. The Additional Public Prosecutor opposed bail, citing the petitioners' prior criminal antecedents under the Excise Act and NDPS Act. The court, after considering the lack of weapon, the nature of injuries, and the generality of the allegations, granted bail subject to a bond of Rs.10,000 with two sureties and conditions under CrPC Section 438(2) and BNSS Section 482(2).
Issues considered
- Whether the facts disclosed in the FIR and the injured’s statement establish a prima facie case for attempt to murder under IPC Section 307.
- Whether bail should be granted to the petitioners despite prior criminal antecedents.
Legislation cited
- Bihar Negotiable Instruments Act — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 307, 323, 34, 341
Subjects
- bail
- attempt to murder
- IPC
- CrPC
- evidence
- weapon
- prior criminal antecedent
- Section 307
- Section 438
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78801 of 2025
Arising Out of PS. Case No.-346 Year-2020 Thana- BEGUSARAI TOWN District- Begusarai
======================================================
1. Sonu Kumar @ Geet Sagar Kumar, S/o Vinod Singh @ Lahar Singh
2. Rishikesh Kumar @ Rishikesh Kumar Singh, S/o Pramod Singh
Both are resident of Village-Kapasiya Ward No.13, P.S.-Town, Dist.-
Begusarai
... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Shubhesh Pandey, Advocate
For the Opposite Party/s : Mr. Gulnar Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
5 20-02-2026 Heard learned counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. The accused/petitioners are named in the FIR and
apprehending their arrest in connection with Town P.S. Case
No.346 of 2020 registered under Sections 341, 323 and 307
read with 34 of the Indian Penal Code.
3. As per FIR, the informant has raised suspicion
against petitioners on the basis of claim of petitioner
themselves that he assaulted badly to his son and thrown him
in a drain.
4. It is submitted by learned counsel appearing for
petitioners that the petitioners have been implicated with
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present case due to neighbourhood disputes and differences.
It is submitted that during investigation, the statement of
injured Jitendra Kumar was recorded and in this connection,
the attention has been drawn towards para-82 of the case
diary, where he stated that these petitioners along with one
Molu Kumar assaulted him. It is pointed out that the
allegation qua physical assault is appearing very much general
and omnibus against petitioners and if it is believed that
injured was badly assaulted by three persons then certainly,
multiple injuries must be found upon injured but, upon
medical examination, only the fracture on nose was found
upon, which was categorized as grievous injury.
5. Arguing further, it is submitted by learned
counsel that the petitioners were not alleged to be equipped
with any arms while assaulting the injured, which also creates
a doubt that these petitioners were under intention to cause
death of the injured. In this context, it is submitted that to
make out a prima facie case under Section 307 of the IPC,
several factors are required to be taken into consideration
like, nature of weapons, the manner of assault, the body parts
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where assault was made and pre and post conduct of the
accused persons and in support of submission, learned
counsel has relied upon legal reports of Hon’ble Supreme
Court as available through Jage Ram vs. State of Haryana
& Ors. [(2015) 11 SCC 366] and through State of
Himachal Pradesh vs. Sham Sher Singh [2025 SCC
OnLine SC 807].
6. Explaining criminal antecedent, it is submitted by
learned counsel that petitioner no. 1 found involved in two
different nature of cases related with Excise and petitioner
no.2 found involved in one more criminal case of NDPS Act,
where both petitioner are on bail.
7. Learned APP opposed the prayer of bail.
8. In view of aforesaid factual submissions and by
taking note of fact as the injured through his statement not
appears to be alleged against these petitioners to be equipped
with any arms, where the allegation of physical assault is
appearing very much general and omnibus against the
petitioners, accordingly, both petitioners, above-named, are
directed to be released on bail, in the event of their arrest or
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surrender in the court below within a period of four weeks, on
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)
each with two sureties of the like amount each to the
satisfaction of the learned Chief Judicial Magistrate, Begusarai
in connection with Town P.S. Case No.346 of 2020, subject to
the conditions as laid down under Section 438(2) of the
CrPC/under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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