Patna High Court
Sudama Sah @ Sudama Kumar Sah @ Sudama KumarversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- SANDEEP KUMAR
Holding
The Court held that, given the existence of a case and counter‑case, the simple nature of the alleged injuries and the petitioners’ clean antecedents, anticipatory bail under Section 438 CrPC and Section 482(2) BNSS could be granted.
Summary
Sudama Sah and Babuni Kumari, agnates, were implicated in a police case alleging assault with an iron rod and dragging of a victim's daughter. They applied for anticipatory bail, claiming innocence and a case‑and‑counter‑case scenario, while the State opposed the relief. The petition highlighted that the alleged injuries were simple and the petitioners had clean antecedents. The court considered the nature of the allegations, the existence of a dispute between the parties, and the statutory provisions for anticipatory bail. Consequently, the court granted anticipatory bail to both petitioners, subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 438 of the CrPC and Section 482(2) of the Bihar Narcotic Substances Act, 2023.
Issues considered
- Whether anticipatory bail can be granted under Section 438 CrPC and Section 482(2) of the Bihar Narcotic Substances Act, 2023 in the present case.
- Whether the nature of the alleged injuries and the existence of a case‑and‑counter‑case justify the grant of anticipatory bail.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 115(2), 118(1), 127(2), 303(2), 3(5), 351(2), 352, 76
- Code of Criminal Procedure, 1973 — s. 438
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482(2) BNSS
- assault
- case and counter‑case
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89077 of 2025
Arising Out of PS. Case No.-162 Year-2025 Thana- KALYANPUR District- East Champaran
======================================================
1. Sudama Sah @ Sudama Kumar Sah @ Sudama Kumar S/O Nathu Sah
Resident of village- Gariba, P.S.- Kalyanpur , District- East Champaran
2. Babuni Kumari Daughter of Nathu Sah Resident of village- Gariba, P.S.-
Kalyanpur , District- East Champaran
3. Nathu Sah Son of Dasai Sah Resident of village- Gariba, P.S.- Kalyanpur ,
District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate
For the Opposite Party/s : Mr. Dr. Ajeet Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 24-02-2026 Heard the learned counsel for the petitioners and
learned counsel for the State.
2. The application filed on behalf of petitioner no. 3 is
already been dismissed as withdrawn vide order dated
12.01.2026. So far as the present application survives only for
petitioner nos. 1 and 2.
3. The petitioners apprehend their arrest in connection
with Kalyanpur P.S. Case No. 162 of 2025, for offences under
Sections 127(2), 115(2), 118(1), 303(2), 76, 352, 351(2), 3(5) of
the B.N.S., 2023.
4. The prosecution case in brief is that petitioners are
Patna High Court CR. MISC. No.89077 of 2025(3) dt.24-02-2026
2/3
alleged to have assaulted the informant’s sister with iron rod
upon her head. Petitioner no. 2 is alleged to have dragged the
informant’s daughter, namely, Anushka Kumari on the ground.
5. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in the
present case. There is case and counter case between the parties.
Both the parties are agnates. There is no specific allegation of
assault or overt act against these petitioners rather the allegation
is general and omnibus in nature. The injury sustained by
injured persons are found to be simple in nature. Petitioners
have clean antecedent.
6. Learned APP for the State has vehemently opposed
the prayer for bail.
7. Considering the above facts and circumstances of
the case and the fact that there is case and counter case between
the parties and the injury is found to be simple in nature, this
Court is inclined to grant privilege of anticipatory bail to the
petitioner nos. 1 and 2.
8. Accordingly, let the petitioner nos. 1 and 2, namely,
Sudama Sah @ Sudama Kumar Sah @ Sudama Kumar and
Babuni Kumar, above-named, in the event of arrest or surrender
within four weeks from today in the Court below, be released on
Patna High Court CR. MISC. No.89077 of 2025(3) dt.24-02-2026
3/3
anticipatory bail on furnishing bail bonds of Rs.10,000/-
(Rupees ten thousand) each with two sureties of the like amount
each to the satisfaction of learned Chief Judicial Magistrate,
East Champaran at Motihari/concerned Court below, in
connection with Kalyanpur P.S. Case No. 162 of 2025, subject
to the conditions as laid down under Section 438(2) of the Code
of Criminal Procedure/ Section 482(2) of the BNSS.
(Sandeep Kumar, J)
Ranjeet/-
U T
Checking your session…