Patna High Court
Sushil Kumar @ Sushil TantiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- B.N.S., 2023 — s. 110, 115(2), 118(1), 126(2), 190, 191(2), 303(2), 352, 482(2)
- Code of Criminal Procedure — s. 438(2)
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
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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
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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
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