Patna High Court
Sujit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioners subject to a bond of Rs.10,000 and stipulated conditions.
Summary
The petitioners Sujit Kumar, Chandan Kumar and Shankar Yadav were arrested on 09-09-2025 in connection with FIR dated 29-04-2025 alleging assault on an informant and his family in an ice factory, invoking multiple offences under the Bharatiya Nyay Sanhita, 2023. The prosecution contended that the petitioners participated in the assault, while the defence argued that the injuries were minor, the petitioners were falsely implicated, and a similarly situated co‑accused had already been granted bail. The Additional Public Prosecutor opposed bail, noting clean antecedents for two petitioners and prior criminal history for the third. The Court examined the nature of the injuries, the precedent of bail to the co‑accused, and the petitioners' claims of innocence. Considering these factors, the Court ordered the release of the petitioners on bail with a bond of Rs.10,000 and specific conditions regarding trial cooperation, non‑tampering with evidence, and verification of criminal antecedents. The bail order was directed to be implemented without delay for verification purposes.
Issues considered
- Whether bail should be granted to the petitioners accused of offences under the Bharatiya Nyay Sanhita, 2023 in the present case
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 109, 115, 117, 118, 126, 127, 190, 191, 303, 329, 351, 352, 74
Subjects
- bail
- criminal procedure
- assault
- injury
- criminal antecedents
- Bharatiya Nyay Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87605 of 2025
Arising Out of PS. Case No.-125 Year-2025 Thana- AMAS District- Gaya
======================================================
1. Sujit Kumar S/o Bilash Yadav R/o Village - Pranpur, P.S - Amas, District -
Gaya
2. Chandan Kumar S/o Shambhu Yadav R/o Village - Pranpur, P.S - Amas,
District - Gaya
3. Shankar Yadav S/o Rajdeb Yadav R/o Village - Pranpur, P.S - Amas, District
- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anil Kumar Singh, Advocate
For the Opposite Party/s : Mr. Choubey Jawahar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 15-01-2026 Heard Mr. Anil Kumar Singh, learned counsel for
the petitioners as well as Mr. Choubey Jawahar, learned
Additional Public Prosecutor for the State.
2. Petitioners seeks bail who is in custody since
09.09.2025 in connection with Aamas P.S. Case No. 125 of
2025, F.I.R. dated 29.04.2025 for the offences punishable under
Sections 126(2), 127(2), 115(2), 117(2), 118(1), 109, 74, 303(2),
190, 191(2), 191(3), 329(4), 351(2), 351(3), 352 of the
Bharatiya Nyay Sanhita, 2023.
3. According to prosecution case, the informant
alleged that on 29.04.2025 when his nephew came to visit him
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in his ice factory, the petitioners along with other co-accused
persons came and assaulted the informant and his family
members.
4. Learned counsel for the petitioners submits that
petitioners are innocent and they falsely been implicated in the
present case. Although the petitioners are named in the FIR and
there is specific allegation against the petitioners that they have
assaulted the informant and his family members received injury
but the injury report of the injured persons suggest that injury
inflicted upon them is simple in nature caused by hard and blunt
substance and similarly situated co-accused person, namely,
Shambhu Yadav has been granted the privilege of bail by the
co-ordinate Bench of this Court vide order dated 24.11.2025 in
Cr. Misc. No. 75611 of 2025. The police after investigation
submitted charge-sheet and the petitioners are in custody since
09.09.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that petitioner nos.1 & 2 have clean antecedents and
petitioner no.3 has got four criminal antecedents other than the
present one but fairly submits on the basis of paragraph-3 of the
bail petition that petitioner no.3 is on bail in the pending
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matters.
6. Considering the aforesaid facts and circumstances,
injury inflicted upon the injured persons is simple in nature and
similarly situated co-accused person has been granted the
privilege of bail by the co-ordinate Bench of this Court , let the
petitioners, above named, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned Judicial
Magistrate-1st Class, Sherghati, Gaya in connection with Aamas
P.S. Case No. 125 of 2025, subject to the following conditions:-
i. Petitioners 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 their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
ii. If the petitioners tamper with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. 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
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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)
Suruchi/-
U T
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