Patna High Court
Sonu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Anticipatory bail is granted to the petitioners subject to specified conditions under Section 438(2) of the CrPC and Section 482(2) of the Bihar National Security Act, 2023.
Summary
The petitioners—Sonu Kumar, Awadhesh Bhuiya and Golu Kumar—sought anticipatory bail fearing arrest in connection with FIR No. 35 of 2025 filed at Maigra Police Station, which alleged offences under several sections of the Bihar National Security Act, 2023 arising from an assault linked to a land dispute. The petitioners argued that they have clean antecedents (except one who is on bail in another case) and that the injuries inflicted on the victims were not to vital parts of the body. The State opposed the bail, contending the seriousness of the offences and the risk of tampering with evidence. The Court, noting the existence of a case‑and‑counter‑case and the non‑vital nature of the injuries, granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and strict conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS, 2023. The order also mandated cooperation with the trial, presence in court, and provisions for cancellation of bail on non‑compliance or concealment of criminal antecedents.
Issues considered
- Whether anticipatory bail should be granted to the petitioners in view of the alleged offences under the Bihar National Security Act, 2023.
- Whether the nature of injuries and the existence of a land‑dispute related case‑and‑counter‑case justify bail.
- Whether conditions under Section 438(2) CrPC and Section 482(2) BNSS, 2023 are appropriate for the grant of bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- land dispute
- assault
- criminal antecedents
- bail conditions
- Section 438 CrPC
- Section 482 BNSS
- Bihar National Security Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87341 of 2025
Arising Out of PS. Case No.-35 Year-2025 Thana- MAIGRA District- Gaya
======================================================
1. Sonu Kumar S/o- Dashrath Rikiyashan Village- Maigra PS- Maigra, Dist-
Gaya
2. Awadhesh Bhuiya S/o- Dashrath Bhuiyan Village- Maigra PS- Maigra, Dist-
Gaya
3. Golu Kumar @ Golu Bhuiya S/o- Badhan Bhuiyan Village- Maigra PS-
Maigra, Dist- Gaya
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Sudhir Kumar Sinha, Advocate
For the State : Mr. Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 08-01-2026 Heard Mr. Sudhir Kumar Sinha, learned counsel for
the petitioners and Mr. Anil Kumar, learned APP for the State.
2. The petitioners are apprehending their arrest in
connection with Maigra P.S. Case No. 35 of 2025, F.I.R. dated
18.05.2025 registered for the offences punishable under Sections
126(2), 115(2), 303(2), 74, 117(2), 351(2), 352, 109, 3(5) of the
B.N.S., 2023.
3. Allegation against the petitioners is that they have
assaulted to the brother-in-law of the informant and husband of the
informant due to which they sustained injuries.
4. Learned counsel for the petitioners submits that the
petitioner nos. 1 and 3 having clean antecedents and petitioner no.
Patna High Court CR. MISC. No.87341 of 2025(2) dt.08-01-2026
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2 carries one more case other than the present one but he is on bail
in the pending matters. He further submits that there is case and
counter case between the parties and it appears from the F.I.R.
itself that due to admitted land dispute the present occurrence had
taken place and there is specific allegation against the petitioners
that they have assaulted to the brother-in-law of the informant and
husband of the informant and they have received injuries in hand
and leg which is not the vital part of the body.
5. Learned APP for the State has opposed the prayer for
anticipatory bail of the petitioners.
6. Considering the aforesaid facts that there is case and
counter case between the parties and the injury inflicted upon the
injured persons which is not on the vital part of the body, let the
petitioners, above named, in the event of their arrest or surrender
before the court below within a period of thirty days from the date
of receipt of the order, be released on bail on furnishing bail bond
of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of
the like amount each to the satisfaction of learned Judicial
Magistrate 1st Class, Sherghati, Gaya in connection with Maigra
P.S. Case No. 35 of 2025, subject to the conditions as laid down
under Section 438(2) of the Code of Criminal Procedure/ Section
482(2) of BNSS, 2023 and with other following conditions :-
(1) Petitioners shall co-operate in the trial and shall be
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properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and on
their absence on two consecutive dates without sufficient reason,
their bail bonds shall be cancelled by the Court below.
(2) If the petitioners tamper with the evidence or the
witness, in that case, the prosecution will be at liberty to move for
cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at any
stage, it is found that the petitioners have concealed their criminal
antecedents, the court below shall take step for cancellation of bail
bond of the petitioners. However, the acceptance of bail bonds in
terms of the above-mentioned order shall not be delayed for
purpose of or in the name of verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
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