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Patna High Court

Suman Kumar Sahu @ Suman Narayan SahuversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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