Patna High Court
Sonalal Prasad @ Sonelal PrasadversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The court held that, given the simple nature of the injuries attributable to the petitioners, their fair antecedent, and the existence of a counter‑case, the petitioners are entitled to bail.
Summary
The petitioners, five residents of Gora Semra village, applied for bail in connection with a police case (Majhaulia P.S. Case No. 510 of 2025) alleging assault with a lathi and iron rod, causing injuries, and a ransom demand. They argued that the injuries attributable to them were simple, that there were inconsistencies in the FIR timing, and that a counter‑case existed, emphasizing their fair antecedent. The State opposed bail, contending that the petitioners actively participated and caused serious, even grievous, injuries, though some injuries were attributed to a co‑accused. The court, after considering the submissions, noted the simple nature of the injuries linked to the petitioners, their clean record, and the existence of a counter‑case, and therefore ordered their release on bail with specified conditions under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023. The bail bonds were set at Rs.10,000 each with two sureties, one of whom must be a close family member.
Issues considered
- Whether the petitioners are entitled to bail despite charges under Sections 126(2), 115(2), 109(1), 324(4), 352, 351(3), and 3(5) of the Bharatiya Nagrik Suraksha Sanhita.
- Whether the nature of the injuries (simple vs. grievous) and the petitioners' antecedent justify the grant of bail.
- Whether the conditions prescribed under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita are applicable.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 109(1), 115(2), 126(2), 324(4), 3(5), 351(3), 352, 482(2)
Subjects
- bail
- criminal procedure
- assault
- ransom
- simple injury
- fair antecedent
- Section 482
- Bharatiya Nagrik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84936 of 2025
Arising Out of PS. Case No.-510 Year-2025 Thana- MAJHAULIA District- West Champaran
======================================================
1. Sonalal Prasad @ Sonelal Prasad Son of Late Ramswaroop Prasad. Resident
of Village- Gora Semra, Ward No.16, Police Station- Majhauliya, District-
West Champaran.
2. Subhash Prasad @ Subhash Kumar Son of Shri Dashrath Prasad. Resident of
Village- Gora Semra, Ward No.16, Police Station- Majhauliya, District-West
Champaran.
3. Sugant Kumar Son of Shri Prabhu Paswan. Resident of Village- Gora Semra,
Ward No.16, Police Station- Majhauliya, District-West Champaran.
4. Karan Kumar Son of Vinod Paswan. Resident of Village- Gora Semra, Ward
No.16, Police Station- Majhauliya, District-West Champaran.
5. Shambhu Hajara @ Shambhu Paswan Son of Late Birbahadur Paswan.
Resident of Village- Gora Semra, Ward No.16, Police Station- Majhauliya,
District-West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manoj Kumar, Adv.
For the Opposite Party/s : Mr.Md. Mushtaque Alam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 07-01-2026 Heard the parties.
2. The petitioners apprehend their arrest in connection
with Majhaulia P.S. Case No. 510 of 2025, registered for the
offences punishable under Sections 126(2), 115(2), 109(1),
324(4), 352, 351(3), 3(5) of the BNS.
3. The accusation against the petitioners is of causing
assault by means of lathi and iron rod over the informant and
others leading to serious injuries, besides there is further
Patna High Court CR. MISC. No.84936 of 2025(2) dt.07-01-2026
2/3
allegation of demand of ransom levelled against the petitioner
No. 5.
4. Learned Advocate for the petitioners taking this
Court through the FIR contended that though the specific
accusation has been levelled against all the petitioners but all the
injuries, which are allegedly sustained to the informant and
others, have been found to be simple in nature caused by these
petitioners. It is further contended that with respect to the same
incidence two cases have been instituted by the persons of the
petitioners’ side. With respect to the present incidence,
fardbeyan was recorded on 23.07.2025 but the FIR has been
instituted on 03.08.2025 and, as such, the interpolation and
exaggeration cannot be ruled out. There is counter version of the
present case being Majhaulia P.S. Case No. 522 of 2025. It is
lastly submitted that the petitioners are men of fair antecedent
and they undertake 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
because of the active participation of the petitioners in the
crime, the informant and three other persons have sustained
serious injuries and one of the injury allegedly sustained to the
Patna High Court CR. MISC. No.84936 of 2025(2) dt.07-01-2026
3/3
informant has been found to be grievous in nature; however the
same is attributed to co-accused Awadhesh Yadav.
6. Having considered the submissions advanced by
the learned Advocates for the respective parties and taking note
of the nature of accusation levelled against the petitioners,
coupled with the factum of case and counter case, besides the
simple nature of injury attributed to the petitioners as well as the
fair antecedent, let the petitioners abovenamed be released on
bail, 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 Chief
Judicial Magistrate, West Champaran at Bettiah in connection
with Majhaulia P.S. Case No. 510 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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