Patna High Court
Satendra Kumar @ Satyendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The Court granted pre‑arrest bail to the petitioners subject to bond and surety conditions.
Summary
The petitioners, Satendra Kumar, Vikash Kumar and Sonu Kumar, applied for pre‑arrest bail in a case registered as Rajgir P.S. Case No. 523 of 2025, alleging offences under Sections 126(2), 115(2), 109(1), 352 and 3(5) of the BNS. The FIR alleged that the petitioners assaulted an informant and the informant’s father, causing a simple head injury. The petitioners contended that the allegations were vague, general and that the injury was minor, thus warranting bail. The State opposed the bail, arguing the seriousness of the offences. The Court, noting the lack of specific allegation against the petitioners and the minor nature of the injury, granted pre‑arrest bail subject to a bond of Rs.10,000 with two sureties and a condition that the order would lapse if any other criminal antecedent is discovered. The District Court was directed to verify any prior criminal cases against the petitioners, and the bail application was disposed of.
Issues considered
- Whether pre‑arrest bail should be granted despite allegations of assault under the BNS provisions.
- Whether the allegations in the FIR are sufficiently specific to deny bail.
- Whether the petitioners' criminal antecedent, if any, should affect the grant of bail.
Legislation cited
- Bihar Negotiable Substances Act (BNS) — s. 109(1), 115(2), 126(2), 3(5), 352
- Code of Criminal Procedure — s. 438(2), 482(2)
Subjects
- pre‑arrest bail
- assault
- Criminal Procedure Code
- Section 438
- Section 482
- injury
- specificity of allegations
- bond conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86993 of 2025
Arising Out of PS. Case No.-523 Year-2025 Thana- RAJGIR District- Nalanda
======================================================
1. Satendra Kumar @ Satyendra Kumar Son of Ramchandra Chaudhary
Resident of village - Virchait, P.S. - Rajgir, District - Nalanda
2. Vikash Kumar Son of Jhalari Chaudhary Resident of village - Virchait, P.S. -
Rajgir, District - Nalanda
3. Sonu Kumar Son of Kallu Chaudhary @ Jitendra Chaudhary Resident of
village - Virchait, P.S. - Rajgir, District - Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajnish Kumar, Advocate.
For the Opposite Party/s : Mr.Manoj Kumar, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 16-01-2026 Heard learned counsel appearing on behalf of the
petitioners and learned APP for the State.
2. The petitioners seek pre-arrest bail in connection
with Rajgir P.S. Case No. 523 of 2025 registered for the offence
punishable under Sections 126(2), 115(2), 109(1), 352 and 3(5)
of the BNS
3. As per the allegation made in the F.I.R., the
petitioners along with other accused persons abused and
assaulted the informant causing head injury. When father of the
informant came in his rescue, the accused persons also assaulted
the father of the informant causing injury.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.86993 of 2025(2) dt.16-01-2026
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petitioners submitted that the allegation levelled against the
petitioners is not specific rather general and omnibus. The injury
sustained by the informant is simple in nature.
5. Learned APP for the State has vehemently opposed
the prayer for grant of pre-arrest bail to the petitioners.
6. Considering the nature of allegation made against
the petitioners and the fact that the injury sustained by the
informant is simple in nature and in absence of specific
allegation against the petitioners and injury is single on the head
of the informant raises doubt that the petitioners had, in fact,
assaulted the informant and his father, the petitioners, above
named, are directed to be released on pre-arrest bail, in the event
of their arrest or surrender before the Court below within a
period of four weeks from today, on furnishing bail bond of Rs.
10,000/- (Ten thousand) each with two sureties of the like
amount each to the satisfaction of learned CJM, Nalanda,
Biharsharif in connection with Rajgir P.S. Case No. 523 of
2025, subject to the condition as laid down under Section 438(2)
Cr.P.C / 482(2) BNSS.
7. The District Court is directed to verify the criminal
antecedent of the petitioners and if it is found that the petitioners
are involved in some other cases as what has been stated in
Patna High Court CR. MISC. No.86993 of 2025(2) dt.16-01-2026
3/3
Para-3 of the bail petition, this order will automatically lose its
force.
8. The bail application stands disposed of.
(Purnendu Singh, J)
mantreshwar/-
U T
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