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Patna High Court

Suman KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The application for regular bail was dismissed.

Summary

The petitioners, Suman Kumar and Sushant Kumar, were arrested in connection with an assault case registered as Waris Nagar P.S. Case No. 253 of 2025, involving offences under Sections 126(2), 115(2), 109, 103(1) and 3(5) of the BNS. They have been in custody since 23 September 2025 and applied for regular bail. The prosecution alleged that the petitioners, along with others, assaulted the victims and a deceased person. The Court examined the seriousness of the allegations and the nature of the offences. Considering the gravity of the charges, the Court was not inclined to grant bail and dismissed the petition. The Court noted that the petitioners could renew their bail prayer if the trial is unduly delayed by the prosecution.

Issues considered

  • Whether regular bail should be granted to the petitioners accused of offences under Sections 126(2), 115(2), 109, 103(1) and 3(5) of the BNS.

Legislation cited

  • BNS — s. 103(1), 109, 115(2), 126(2), 3(5)

Subjects

  • bail
  • regular bail
  • criminal procedure
  • serious offences
  • custody
  • Bihar
  • High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86675 of 2025
                   Arising Out of PS. Case No.-253 Year-2025 Thana- WARISNAGAR District- Samastipur
                 ======================================================
           1.     Suman Kumar Son of Late Sikandra Saah R/o Vill.- Raghunathpur Ward
                  No.- 06, P.S.- Waris Nagar, Dist.- Samastipur
           2.    Sushant Kumar @ Sushant Son of Late Sikandra Saah R/o Vill.-
                 Raghunathpur Ward No.- 06, P.S.- Waris Nagar, Dist.- Samastipur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Shubhesh Pandey
                 For the Opposite Party/s :      Mr. Murli Dhar
                 For the Informant        :      Mr. Mritunjay Kumar Mishra.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   19-03-2026                    Heard the parties.

                                   2. The petitioners seek regular bail in connection

                   with Waris Nagar P.S. Case No. 253 of 2025 registered for the

                   offence under Sections 126(2), 115(2), 109, 103(1), 3(5) of the

                   BNS.

                                   3. As per the prosecution case, the petitioners and

                   others are said to have assaulted the victims and the deceased.

                                   4. The petitioners are in custody since 23.09.2025.

                                   5. Considering the nature of allegation levelled

                   against the petitioners, this Court is not inclined to grant bail to

                   the petitioners.

                                   6. Accordingly, this application is dismissed.
          Patna High Court CR. MISC. No.86675 of 2025(4) dt.19-03-2026
                                                      2/2




                                    7. If the trial of the petitioners is delayed by the

                    prosecution side then the petitioners may renew their prayer for

                    bail.



                                                                (Sandeep Kumar, J)
Vikas/-

U


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