Patna High Court

Sujit Kumar @ NepaliversusThe State of Bihar

Decided: 9 February 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

The court denied pre‑arrest bail to the petitioner.

Summary

The petitioner, Sujit Kumar, was named in an FIR alleging that he, along with co‑accused, assaulted the brother of an informant, who later died while receiving treatment. The charges were framed under sections 126(2), 115(2), 125(b), 109, 103(1), 352, 351(2) and 3(5) of the BNS. The petitioner applied for pre‑arrest bail, fearing imminent arrest. The court examined the seriousness of the allegations, the nature of the offences and the surrounding circumstances. Considering the gravity of the accusations and the potential for interference with the investigation, the court rejected the petition for pre‑arrest bail. Consequently, the petitioner remains liable to be arrested in connection with the case.

Issues considered

Whether the petitioner is entitled to pre‑arrest bail in a case involving multiple serious offences under the BNS

Legislation cited

BNS — s. 103(1), 109, 115(2), 125(b), 126(2), 3(5), 351(2), 352

Subjects

pre‑arrest bail
bail denial
assault
homicide
criminal procedure
BNS

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.80577 of 2025
                     Arising Out of PS. Case No.-250 Year-2025 Thana- CHAPRA TOWN District- Saran
                  ======================================================
                  Sujit Kumar @ Nepali S/o- Sanjay Ray Village -Chhota Telpa,ward no.38,
                  Hanuman mandir, Kataharibagh, P.s- Chapra Town, Dist- Saran

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

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      Mr. Rajani Kumari , Advocate
                  For the Opposite Party/s :      Mr. Braj Kishore Pd (App)
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                        ORAL ORDER

2    09-02-2026                         Heard learned counsel for the petitioner and the

                    State .

                                 2. Petitioner apprehends arrest in a case registered for
                    the offence punishable under section 126 ( 2 ), 115 ( 2 ), 125
                    ( b ), 109, 103 (1) , 352, 351 ( 2 ) and 3 (5) of BNS.
                                 3 . Petitioner is named in the F.i.R. with specific
                    accusation that he along with other co-accused persons assaulted
                    brother of informant, who died during course of treatment.
                    Informant claims to be eye witness.
                                 4. Considering the nature of accusation and gravity of

                    offence and other circumstances of the case , prayer for pre-

                    arrest bail of the petitioner is rejected.



                                           (Prabhat Kumar Singh, J)
Koushik/-

U      T

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