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Patna High Court

Sautam Das @ Prabhakar Kumar @ Sautam KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that bail should be granted to the petitioners subject to the stipulated conditions.

Summary

The petitioners, Sautam Das and co‑accused, sought bail in a criminal case registered under several sections of the Bharatiya Nyaya Sanhita, 2023, alleging assault with an iron rod. They contended that the incident stemmed from a dispute over a cow grazing in the informant's field, leading to a scuffle, and that no injury report was on record, rendering the assault allegations unsubstantiated. The State opposed the bail application, arguing the seriousness of the charges. The Court examined the factual matrix, noted that similarly situated co‑accused had already been granted bail, and found no compelling reason to deny liberty. Consequently, the Court granted bail to the petitioners, subject to surrender within eight weeks, a bond of Rs 10,000 with two sureties, and compliance with Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

  • Whether bail should be granted to the petitioners charged under sections 191(2), 190, 126(2), 109, 326(a), 303(2) and 351(2) of the Bharatiya Nyaya Sanhita, 2023.
  • Whether the alleged assault is sufficiently substantiated to justify denial of bail.
  • Whether the conditions imposed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 are appropriate.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • assault
  • Bharatiya Nyaya Sanhita
  • Section 482
  • high court
  • petition

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.8462 of 2026
                        Arising Out of PS. Case No.-113 Year-2025 Thana- Bypass District- Bhagalpur
                 ======================================================
                 Sautam Das @ Prabhakar Kumar @ Sautam Kumar S/O Sri Rabbo Das @
                 Ravindra Das R/O Vill.- Karampur, P.S.- Bypass, Dist.- Bhagalpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :        Mr. Jagjit Roshan, Advocate
                                                    Mr. Shashank shekhar , Advocate
                                                    Mr. Prashant Raj, Advocate
                 For the Opposite Party/s :         Mr. Brajendra Nath Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   12-05-2026                    Heard learned counsel for the parties.

                                 2. Petitioners apprehend arrest in a case registered for

                   the offence punishable under sections 191(2), 190, 126(2), 109,

                   326(a), 303(2), 351(2) of the Bharatiya Nyaya Sanhita, 2023.

                                 3. As per FIR, petitioner no.2 along with other

                   accused persons caught hold of the informant and co-accused

                   Gautam Das assaulted on the head of the informant by means of

                   iron rod. Thereafter, it is alleged that petitioner no.1 along with

                   other co-accused persons assaulted son of the informant with

                   iron rod.

                                 4. Learned counsel for the petitioner submits that on

                   the alleged date of occurrence, cow of one of the co-accused had

                   grazed field of the informant which resulted in scuffle between
            Patna High Court CR. MISC. No.8462 of 2026(3) dt.12-05-2026
                                                        2/2




                      the parties in which both sides sustained injuries. Case and

                      counter case. There is no injury report is on the record to

                      substantiate the allegation of assault. Rest of the allegations are

                      ornamental in nature . Similarly situated co-accused persons

                      have already been granted bail by this Hon’ble Court vide order

                      dated 4147 of 2026 .

                                   5 . Learned counsel for the State opposes the prayer

                      for bail.

                                    6. Considering the facts of the case, prayer for bail of

                      these petitioners is allowed. In the event of arrest/surrender

                      within a period of eight weeks from today, let these petitioners,

                      named above, be enlarged on bail on furnishing bail bond of

                      Rs.10,000/- (ten thousand) each with two sureties of the like

                      amount each to the satisfaction of the Chief Judicial Magistrate,

                      Bhagalpur in Bypass Police Station Case No. 113/2025, subject

                      to the conditions laid down under section 482 Bharatiya Nagarik

                      Suraksha Sanhita, 2023 .



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T


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