Patna High Court
Suman Kumar Sahu @ Suman Narayan SahuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The petitioners are entitled to bail and the application is allowed.
Summary
The petitioners, Suman Kumar Sahu and Arun Kumar Sahu, were charged under several IPC sections for allegedly assaulting an informant and his son near a school and stealing gold ornaments. They sought regular bail, arguing that there is a case‑and‑counter‑case, that they have clean antecedents, and that they themselves sustained injuries while in custody. The prosecution opposed bail, relying on the seriousness of the offences and the earlier dismissal of anticipatory bail applications. The court examined the facts, the nature of the injuries, and the submissions of both sides. It held that the petitioners were eligible for bail and ordered their release on a bond of Rs 10,000 each with two sureties. The bail application was therefore allowed.
Issues considered
- Whether the petitioners are entitled to bail despite the seriousness of the offences under IPC sections 341, 342, 323, 324, 307, 379, 504, 506 and 34.
- Whether the existence of a case‑and‑counter‑case and the injuries sustained by the petitioners affect the bail decision.
- Whether the prior dismissal of anticipatory bail applications precludes granting regular bail.
Legislation cited
- Indian Penal Code — s. 307, 323, 324, 34, 341, 342, 379, 504, 506
Subjects
- bail
- assault
- theft
- Indian Penal Code
- criminal procedure
- high court
- case and counter case
- injury
- anticipatory bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84 of 2026
Arising Out of PS. Case No.-114 Year-2024 Thana- BIRAUL District- Darbhanga
======================================================
1. Suman Kumar Sahu @ Suman Narayan Sahu, aged about 25 years, (M),
2. Arun Kumar Sahu @ Angadh Sahu, aged about 22 years,
Both son of Naina Sahu @ Nayan Sahu, R/o- Ghoghsar Hanuman Nagar,
P.S.- Biraul, Distt.- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saroj Kumar Choudhary, Advocate
For the Opposite Party/s : Mr. Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. The petitioners seek bail in connection with Biraul
PS Case No.114 of 2024 dated 18.03.2024, instituted for the
offence punishable under Sections 341, 342, 323, 324, 307,379,
504, 506/34 of the Indian Penal Code.
3. The allegation against the petitioners is that they
along with other accused persons were sitting near the school
from before and when the informant reached there they started
abusing and assaulting him. On hulla, when the son of the
informant came to save him, he was also assaulted by the
accused persons by means of lathi, danda, iron rod, farsa and
Patna High Court CR. MISC. No.84 of 2026(2) dt.15-01-2026
2/3
co-accused, Anil, snatched gold ornaments from him.
4. Learned counsel for the petitioners submits that
there is case and counter case between the parties. Counter case
has been lodged by the petitioner no.1 against the informant and
others. It is also submitted that the allegation against both the
petitioners is that they assaulted with iron rod on the head of
Ritesh (son of the informant). Learned counsel further submits
that the injury report of the victim would reveal that the injuries
are in the nature of abrasion, bruise caused by hard and blunt
substance, however, one of the injury is grievous in nature. It is
further submitted that the anticipatory bail application of the
petitioner no.1 was dismissed only on the ground of injury
sustained by the victim vide Cr. Misc. No.89414 of 2024 by a
co-ordinate Bench of this Court while the anticipatory bail
application of petitioner no.2 was dismissed in default vide Cr.
Misc. No.7079 of 2025. Learned counsel further submits that
petitioner no.1 and another accused, Angah Sahu, had also
sustained injury and they were treated at DMCH, Darbhanga,
and they were discharged after treatment and the Discharge
Slips would show that they had also sustained injuries. Lastly, it
is submitted that the petitioners are in custody since 22.08.2025
having clean antecedents.
Patna High Court CR. MISC. No.84 of 2026(2) dt.15-01-2026
3/3
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, let
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 the ACJM-I, Beniur, Birual,
Darbhanga, in Biraul PS Case No.114 of 2024.
7. The application stands allowed.
(Khatim Reza, J)
J. Alam/-
U T
Checking your session…