Patna High Court
Sawan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The court held that the petitioners have made out a prima facie case for pre‑arrest bail and ordered their release on bail.
Summary
The petitioners Sawan Kumar, Sajan Kumar and Golu Kumar were implicated in a FIR alleging assault with intent to kill under several IPC sections and sections of the Bihar Negotiable Securities Act, arising from a land‑dispute scuffle. They claimed innocence, asserting the allegations were false and that any injury caused was accidental and in self‑defence, and highlighted their clean antecedents. The State opposed the pre‑arrest bail, while the court noted the injuries were minor, another co‑accused had been granted bail, and the petitioners appeared to have a prima facie case for bail. Relying on Section 482(2) of the CrPC, the court directed that the petitioners be released on pre‑arrest bail upon furnishing a bail bond. The order also directed the district court to verify any pending criminal cases against the petitioners, with the bail order lapsing if any are found.
Issues considered
- Whether the petitioners are entitled to pre‑arrest bail despite allegations of assault with intent to kill under IPC and BNS Act.
- Whether the claim of self‑defence and clean antecedent justify granting bail.
- Whether the minor nature of injuries and precedent of bail to a co‑accused affect the bail decision.
Legislation cited
- Bihar Negotiable Securities Act — s. 3, 5
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 109, 115(2), 118(1), 126(2), 351(2), 352
Subjects
- pre‑arrest bail
- assault
- self‑defence
- land dispute
- clean antecedent
- Section 482 CrPC
- IPC
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87185 of 2025
Arising Out of PS. Case No.-399 Year-2025 Thana- CHAPRA TOWN District- Saran
======================================================
1. Sawan Kumar (Male), Aged about 22 years, Son of Pujan Ray
2. Sajan Kumar (Male), Aged about 26 years, Son of Pujan Ray
Both are Resident of Village - Maunaa Ahirtoli, P.S. - Chapra Town, Dist. -
Saran.
3. Golu Kumar (Male) Aged about 26 years, Son of Nathu Ray, R/o Village -
Chhota Telpa, P.S. - Town, Dist. - Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raushan Raj, Advocate
Mr. Sitesh Kashyap, Advocate
For the Opposite Party/s : Mrs. Rina Sinha, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 28-01-2026 Heard Mr. Raushan Raj, learned counsel appearing
on behalf of the petitioners and Mrs. Rina Sinha, learned APP
for the State.
2. The petitioners seek pre-arrest bail in connection
with Chapra Town P.S. Case No. 399 of 2025 registered for the
offence punishable under Sections 126(2), 115(2), 118(1), 109,
352, 351(2) and 3/5 of the BNS.
3. As per the allegation made in the FIR, petitioners
along with other accused persons, had assaulted the informant
and his uncle by means of Khanti and iron rod, with an intention
to kill.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.87185 of 2025(2) dt.28-01-2026
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petitioners submitted that petitioners are innocent and have
falsely been implicated in the present case due to enmity.
General and omnibus allegation has been levelled against the
petitioners. An scuffle took place between the parties due to land
dispute and in course of the same, the petitioners, in their self
defence, may have caused some injury to the informant side
without intention. Other co-accused namely, Shambhu Mahto
has been granted pre-arrest bail by a co-ordinate Bench of this
Court vide order dated 10.12.2025 passed in Criminal
Miscellaneous No. 81484 of 2025. Injuries sustained by the
informant have been opined by the doctor to be simple in nature.
Petitioners have clean antecedent. On these grounds, petitioners
seek to be released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Considering the rival submissions made on behalf
of the parties, as well as, the fact that an scuffle took place
between the parties due to land dispute and in course of the
same, the petitioners, in their self defence, may have caused
some injury to the informant side without intention. Injuries
sustained by the informant have been opined by the doctor to be
simple in nature. Petitioners have clean antecedent. Other co-
Patna High Court CR. MISC. No.87185 of 2025(2) dt.28-01-2026
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accused namely, Shambhu Mahto has been granted pre-arrest
bail by a co-ordinate Bench of this Court vide order dated
10.12.2025 passed in Criminal Miscellaneous No. 81484 of
2025. I am of the opinion that petitioners have, prima facie,
made out a case to be released on pre-arrest bail.
7. The petitioners, above named, are directed to be
released on pre-arrest bail, in the event of their arrest or
surrender before the learned District Court within a period of
four weeks from today, on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) each with two sureties of the like
amount each to the satisfaction of the learned District Court
where the case is pending, in connection with Chapra Town P.S.
Case No. 399 of 2025, subject to the condition as laid down
under Section 482(2) of the BNSS.
8. The learned District Court is directed to verify
the criminal antecedent of the petitioners as stated in
paragraph no. 3 of the bail application. If any other case is
pending against the petitioners as what has been stated in
paragraph no. 3, this order will lose its force automatically.
(Purnendu Singh, J)
Niraj/-
U T
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