Patna High Court
Sautam Das @ Prabhakar Kumar @ Sautam KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 126(2), 190, 191(2), 303(2), 326(a), 351(2)
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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