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Patna High Court

Sunny Kumar @ Sunni KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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