Created by Fuzzy Cloud

Patna High Court

Sushil Kumar @ Sushil TantiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioner subject to specified conditions.

Summary

The petitioner, Sushil Kumar, was implicated in a case of assault on the son of an informant, resulting in simple injuries. He filed an anticipatory bail petition, claiming innocence and alleging false implication. The State opposed the bail, noting the petitioner’s involvement in two other pending cases. The court examined the nature of the injury, the seriousness of the offences under the B.N.S., 2023, and the provisions of Section 438(2) CrPC and Section 482(2) B.N.S., 2023. Considering the injury was minor and the petitioner’s willingness to cooperate, the court granted anticipatory bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding appearance, non‑tampering with evidence, and disclosure of criminal antecedents.

Issues considered

  • Whether anticipatory bail should be granted under Section 438(2) CrPC given the nature of the alleged assault and the simple injuries inflicted.
  • Whether the petitioner’s pending cases and alleged criminal antecedent preclude the grant of bail.
  • Whether conditions can be imposed to prevent tampering with evidence or witnesses.

Legislation cited

Subjects

  • anticipatory bail
  • assault
  • simple injury
  • Section 438 CrPC
  • bail conditions
  • criminal antecedent
  • tampering with evidence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87345 of 2025
                         Arising Out of PS. Case No.-513 Year-2025 Thana- JAMUI District- Jamui
                 ======================================================
                 Sushil Kumar @ Sushil Tanti S/O Indradev Tanti R/O Vill.- Kalyanpur, P.S.-
                 Jamui, Dist.- Jamui, Bihar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :       Mr. Prabhat Kumar Singh, Advocate
                 For the State             :       Mr. Bhanu Pratap Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   09-01-2026                          Heard Mr. Prabhat Kumar Singh, learned counsel

                   for the petitioner and Mr. Bhanu Pratap Singh, learned APP for

                   the State.

                                   2. The petitioner is apprehending his arrest in

                   connection with Jamui P.S. Case No. 513 of 2025, F.I.R. dated

                   09.09.2025 registered for the offences punishable under

                   Sections 191(2), 190, 115(2), 126(2), 352, 118(1), 110 and

                   303(2) of the B.N.S., 2023.

                                  3. Allegation against the petitioner is that he has

                   assaulted the son of the informant namely Abhishek with rod

                   due to which he sustained injury.

                                  4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he has been falsely implicated in the

                   present case and there is case and counter case between the
Patna High Court CR. MISC. No.87345 of 2025(2) dt.09-01-2026
                                            2/3




          parties. He further submits that there is specific allegation in the

          F.I.R. that the petitioner has assaulted to the son of the

          informant namely, Abhishek Kumar and he has received injury.

          The injury report of the Abhishek suggests that “(1) Abrasion

          on skull (2) Left forearm pain (3) right knee pain. Injury no. 1, 2

          and 3 are simple in nature.”

                        5. Learned APP for the State has opposed the prayer

          for anticipatory        bail of the petitioner and submits that the

          petitioner carries two more cases other than the present one but

          fairly submits on the basis of paragraph-3 of the bail petition

          that the petitioner is on bail in the pending matters.

                         6. Considering the facts and circumstances of the

          case and the fact that the injury inflicted upon the injured person

          is simple in nature, let the petitioner, above named, in the event

          of his 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) with two sureties of the like amount each to the

          satisfaction of learned Chief Judicial Magistrate, Jamui in

          connection with Jamui P.S. Case No. 513 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
               Patna High Court CR. MISC. No.87345 of 2025(2) dt.09-01-2026
                                                           3/3




                         other following conditions :-

                                      (1) Petitioner shall co-operate in the trial and shall be

                         properly represented on each and every date fixed by the Court

                         and shall remain physically present as directed by the Court and

                         on his absence on two consecutive dates without sufficient

                         reason, his bail bond shall be cancelled by the Court below.

                                      (2) If the petitioner tampers 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 petitioner and in case at

                         any stage, it is found that the petitioner has concealed his

                         criminal antecedent, the court below shall take step for

                         cancellation of bail bond of the petitioner.             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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.