Patna High Court
Sunny Kumar @ Sunni KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner subject to the conditions imposed under Section 482(2) of the BNSS.
Summary
Petitioner Sunny Kumar sought anticipatory bail after being implicated in a case alleging assault on the son of an informant, with offences listed under Sections 126(2), 127(2), 115(2), 109, 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita. The prosecution alleged that the petitioner, along with other accused, assaulted the victim with a lathi, danda and iron rod, causing serious injuries. The petitioner contended that the allegations were vague, no specific overt act was ascribed to him, and that the specific assault charge pertained to co‑accused Rakesh Kumar, who had already obtained anticipatory bail. The State opposed the bail application. The Court, after considering the nature of the accusation and the surrounding circumstances, granted anticipatory bail, directing the petitioner to surrender within eight weeks, furnish a bail bond of Rs.10,000 with two sureties, and comply with conditions under Section 482(2) of the BNSS.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite the allegations of assault under the Bharatiya Nyaya Sanhita.
- Whether the allegations against the petitioner constitute a specific overt act sufficient to deny bail.
- Whether Section 482(2) of the Bharatiya Nyaya Sanhita permits the grant of anticipatory bail in the present facts.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 126(2), 127(2), 3(5), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- assault
- Bharatiya Nyaya Sanhita
- Section 482
- criminal procedure
- bail conditions
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8576 of 2026
Arising Out of PS. Case No.-288 Year-2024 Thana- TEGHRHA District- Begusarai
======================================================
Sunny Kumar @ Sunni Kumar Son of Baidyanath Sah @ Baiju Sah Resident
of Nagar Panchayat Teghra, Ward No. 09 Paigambarpur, P.S.- Teghra,
District- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashi Kant, Advocate
For the Opposite Party/s : Mr. Pramod Kumar Pandey, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 23-02-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 126(2), 127(2), 115(2),
109, 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita.
3. As per the prosecution case, son of informant had
gone to visit fair where this petitioner along with other F.I.R.
named accused persons started abusing his son and injured him
badly by assaulting with lathi, danda and iron rod. It is further
alleged that co-accused Rakesh Kumar assaulted the son of
informant with iron rod over his hand, abdomen and leg causing
injury to him.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Allegation
Patna High Court CR. MISC. No.8576 of 2026(2) dt.23-02-2026
2/2
against petitioner is general and omnibus and there is no
allegation of any specific overt act against him. Specific
accusation of assault by lathi is against co-accused Rakesh
Kumar who has already been granted anticipatory bail by co-
ordinate Bench of this court vide order dated 21.05.2025 passed
in Cr. Misc. No. 27861 of 2025. Petitioner claims clean
antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering backdrop of the case, nature of
accusation and other facts and circumstances of the case, this
anticipatory bail is allowed and it is ordered that let the above
named petitioner in the event of his arrest/surrender before the
court below within a period of eight weeks from today, be
enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of Chief Judicial Magistrate, Begusarai in
connection with Teghra P. S. Case No. 288 of 2024, subject to
condition as laid down under Section 482(2) of the BNSS.
(Prabhat Kumar Singh, J)
Navya/-
U T
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