Patna High Court
Sudish KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court granted anticipatory bail to the petitioners subject to the conditions specified under Section 482(2) of the B.N.S.S., 2023.
Summary
The petitioners, three brothers, sought anticipatory bail fearing arrest in a case (Dighwara PS Case No. 243 of 2025) filed under Sections 126(2), 127(2), 115(2), 118(1), 109 and 3(5) of the Bharatiya Nagrik Suraksha Sanhita. The prosecution alleged that the petitioners, along with other accused, intercepted an informant on duty and assaulted him with a sword, causing injury. The petitioners contended they were falsely implicated, highlighted a counter‑case filed by their neighbour Krishna Ray, asserted a simple injury, no prior criminal record, and willingness to cooperate with investigation. The State opposed the anticipatory bail. Considering the facts, the court ordered that if the petitioners are arrested or surrender within six weeks, they be released on bail upon furnishing a Rs 10,000 bond with two sureties each, subject to Section 482(2) of the B.N.S.S., 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita in view of the alleged assault on an informant.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita — s. 109, 115(2), 118(1), 126(2), 127(2), 3(5), 482(2)
Subjects
- anticipatory bail
- Section 482
- Bharatiya Nagrik Suraksha Sanhita
- assault
- sword injury
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79257 of 2025
Arising Out of PS. Case No.-243 Year-2025 Thana- DIGHWARA District- Saran
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1. Sudish Kumar S/O Krishna Ray Resident of village - shitalpur pirganj, ward
no.- 09, police station - Dighwara, District - Saran
2. Sunil Kumar S/O Krishna Ray Resident of village - shitalpur pirganj, ward
no.- 09, police station - Dighwara, District - Saran.
3. Anand Kumar S/O Krishna Ray Resident of village - shitalpur pirganj, ward
no.- 09, police station - Dighwara, District - Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Mili Kumari, Advocate
For the Opposite Party/s : Mr. Parmanand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 05-01-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in connection
with Dighwara P.S. Case No. 243 of 2025, instituted under
Sections 126(2), 127(2), 115(2), 118(1), 109 and 3(5) of the
B.N.S.
3. As per the prosecution case, petitioners along with
F.I.R. named accused persons intercepted the informant while he
was going on duty and assaulted him. Petitioner no. 2 caught
hold the informant and Petitioner No. 1 assaulted the informant
with sword causing injury.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.79257 of 2025(2) dt.05-01-2026
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petitioners are innocent and have falsely been implicated in this
case. There is case and counter case for the same occurrence.
Counter case was filed by the accused Krishna Ray. Both parties
are neighbours and they have compromised. Injury on the
injured is simple in nature. Petitioners have no criminal
antecedent. Petitioners undertakes to co-operate in the
investigation and trial.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the facts and circumstances of the
case and submission of learned counsel for the parties, in the
event of arrest or surrender before the Court below within six
weeks from today, the petitioners be released on bail upon
furnishing bail bonds of Rs. 10,000/- (ten thousand) each with
two sureties of the like amount each to the satisfaction of
learned A.C.J.M. I, Saran at Chapra/ concerned Court in
connection with Dighwara P.S. Case No. 243 of 2025, subject to
the conditions laid down in Section 482 (2) of the Bharatiya
Nagrik Suraksha Sanhita (B.N.S.S.), 2023.
(Sunil Dutta Mishra, J.)
rakhi/-
U T
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