Patna High Court

Suman KumariversusThe State of Bihar

Decided: 22 April 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

The Court granted anticipatory bail to the petitioners.

Summary

The petitioners, Suman Kumari and Punam Kumari, sought anticipatory bail fearing arrest in a case registered under Sections 126(2), 115(2), 118, 351(2), 109(1) and 3(5) of the B.N.S. The prosecution alleged that they assaulted the informant's brother with a hasua, but the injury report indicated injuries caused by a hard blunt object, not a hasua. The petitioners contended they were innocent, the incident was a petty dispute resulting in mutual injuries, and they have clean antecedents. The State opposed the bail. Considering the lack of corroborative medical evidence, the existence of a counter‑case, and the petitioners' clean record, the Court allowed anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the B.N.S. The order applies if arrest occurs within eight weeks of the order.

Issues considered

Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the B.N.S. in view of the allegations and the evidentiary material.

Legislation cited

B.N.S. — s. 109(1), 115(2), 118, 126(2), 3(5), 351(2), 482(2)

Subjects

anticipatory bail
Section 482
assault
clean antecedents
criminal procedure
Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.8711 of 2026
                     Arising Out of PS. Case No.-89 Year-2025 Thana- HUSSAINGANJ District- Siwan
                 ======================================================
           1.     Suman Kumari D/o Ramadhar Yadav Resident of Village- Hathaudi, P.S.-
                  Hussainganj, District- Siwan
           2.    Punam Kumari @ Gabbar @ Gabbar Kumari D/o Ramadhar Yadav Resident
                 of Village- Hathaudi, P.S.- Hussainganj, District- Siwan

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioners     :       Mr. Bijay Prakash Singh, Advocate
                 For the State           :       Mr. Dilip Kumar No. 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   22-04-2026                  Heard learned counsel appearing on behalf of the

                   petitioners and learned APP appearing on behalf of the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence punishable under Sections 126(2),

                   115(2), 118, 351(2), 109(1) and 3(5) of the B.N.S..

                                3. As per prosecution case, it is alleged that these

                   petitioners assaulted brother of informant, namely Hridyanand

                   Chaudhary, with Hasua.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioners that petitioners are quite innocent and

                   have committed no offence. As a matter of fact, on account of

                   petty dispute, simple maar-peet took place between the parties
Patna High Court CR. MISC. No.8711 of 2026(3) dt.22-04-2026
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          in which both sides sustained injuries. There is case and

          counter-case. As per F.I.R., these two petitioners are alleged to

          have assaulted brother of informant, namely Hridyanand

          Chaudhary, by means of Hasua, however, as per injury report of

          Hridyanand Chaudhary, he has sustained injuries caused by hard

          and blunt substance. Thus, the injury report does not corroborate

          the allegation of assault levelled against these petitioners.

          Petitioners are ladies and claim clean antecedents.

                       5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of anticipatory bail to the

          petitioners.

                       6. Considering the facts and circumstances of the

          case, materials that have surfaced during course of investigation,

          case and counter-case between the parties and clean antecedents

          of the petitioners, the prayer for grant of anticipatory bail to the

          petitioners is allowed.

                       7. Accordingly, in the event of arrest/surrender within

          a period of eight weeks from today, let the above named

          petitioners be enlarged on bail on furnishing bail-bond of Rs.

          10,000/- (ten thousand) each with two sureties of the like

          amount each to the satisfaction of learned Judicial Magistrate-1 st

          Class, Siwan in connection with Hussainganj P.S. Case No. 89
             Patna High Court CR. MISC. No.8711 of 2026(3) dt.22-04-2026
                                                         3/3




                       of 2025, subject to condition as laid down under Section 482(2)

                       of the B.N.S.S..



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T

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