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Patna High Court

Sujit KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.87605 of 2025(2) dt.15-01-2026
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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
Patna High Court CR. MISC. No.87605 of 2025(2) dt.15-01-2026
                                            3/4




          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
            Patna High Court CR. MISC. No.87605 of 2025(2) dt.15-01-2026
                                                        4/4




                      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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