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Patna High Court

Satendra Kumar @ Satyendra KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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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