Patna High Court
Sintu Kumar @ Sintu Kumar SumanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The Court held that bail should be granted as the injuries were simple and the petitioners were eligible for release under Section 482(2).
Summary
The petitioners, Sintu Kumar and Rakesh Kumar, were arrested in connection with a land‑dispute‑related assault case (Baheri P.S. Case No. 192 of 2025) involving injuries to the informant and his wife. They sought bail, contending that the injuries were simple and that a counter‑case (Baheri P.S. Case No. 182 of 2025) existed against the informant. The State opposed bail, arguing that the assaults caused serious injuries and that the petitioners were complicit. The Court examined the medical reports, the nature of the injuries, and the existence of a land dispute, concluding that the injuries were indeed simple. Accordingly, the Court granted bail subject to a bond of Rs.10,000 with two sureties and compliance with Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- Whether bail should be granted to the accused persons despite allegations of assault under multiple sections.
- Whether the injuries sustained by the informant and his wife qualify as 'simple' injuries warranting bail.
- Whether Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, applies to the bail order.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
Subjects
- bail
- assault
- land dispute
- simple injury
- Section 482
- criminal procedure
- Bharatiya Nagrik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83564 of 2025
Arising Out of PS. Case No.-192 Year-2025 Thana- BAHERI District- Darbhanga
======================================================
1. Sintu Kumar @ Sintu Kumar Suman S/o Aniruddh Yadav Resident of
Village - Matharahi, Police Station - Baheri, District - Darbhanga
2. Rakesh Kumar S/o Aniruddh Yadav Resident of Village - Matharahi, Police
Station - Baheri, District - Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. N. K. Agrawal, Sr. Adv.
Mr.Nilendu Kumar Choudhary, Adv.
For the Opposite Party/s : Mr.Anil Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 05-01-2026 Heard Mr. N. K. Agrawal, learned Senior Advocate
for the petitioners and learned Additional Public Prosecutor for
the State.
2. The petitioners apprehend their arrest in connection
with Baheri P.S. Case No. 192 of 2025, registered for the
offences punishable under Sections 189(2),126(2), 115(2),
118(1), 109(1), 329(4), 74, 352, 303(2) of the BNS.
3. While the accused persons, including the
petitioners, were forcefully trying to lay down the foundation
over the land of the informant, the same was resisted,
whereupon the petitioner No. 2 having lathi in his hand
assaulted the wife of the informant due to which she sustained
head injury, whereas petitioner No. 1 assaulted the
Patna High Court CR. MISC. No.83564 of 2025(2) dt.05-01-2026
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informant by means of iron spade over his head due to which he
fell down on the ground. There is further allegation against the
other accused persons of causing assault and of snatching some
cash amount.
4.Learned Senior Advocate for the petitioners taking
this Court through the FIR contended that admittedly there is a
land dispute between the parties which resulted into some free
fight and unfortunate injury; besides there is a counter version
of the present case being Baheri P.S. Case No. 182 of 2025
instituted against the informant and others. In the said incidence,
the persons of the petitioners’ side have also sustained injuries.
So far the injury, which is allegedly sustained to the informant’s
wife, the same has been found to be simple in nature and the
injury which is sustained to the informant, the opinion was
reserved; however, on instruction, learned Senior Advocate
submitted that the same is also declared to be simple in nature,
inasmuch as, no abnormality has been found in the radiology
report. It is lastly contended that be that as it may, the petitioners
are men of fair antecedent and they undertake before this Court
that they will fully cooperate in the proceeding of the court.
5. On the other hand, learned Advocate for the State
vehemently opposed the bail application and submitted that
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because of assault being made by the petitioners, the informant
and his family members have sustained serious injuries and, as
such, complicity of the petitioners cannot be denied.
6. Having considered the submissions set forth by the
learned Advocates for the respective parties and taking note of
the genesis of the occurrence, coupled with the factum of case
and counter case as also the submission advanced that the
injuries sustained to the informant and his wife are simple in
nature, let the petitioners abovenamed be released on bail,
subject to the confirmation regarding the injury being
simple in nature, in the event of their arrest or surrender before
the court below within a period of four weeks from the date of
receipt/production of a copy of this order, upon furnishing bail
bonds of Rs.10,000/- (ten thousand) each with two sureties of
the like amount each to the satisfaction of the learned Additional
Chief Judicial Magistrate-VII, Darbhanga in connection with
Baheri P.S. Case No. 192 of 2025, subject to the conditions laid
down in Section 482(2) of the Bharatiya Nagrik Suraksha
Sanhita, 2023, with the further condition that one of the bailors
shall be the own/close family members of the petitioners.
(Harish Kumar, J)
Anjani/-
U T
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