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Patna High Court

Suman KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to conditions under Section 438(2) of the CrPC.

Summary

Petitioner Suman Kumar sought bail for alleged offences under Sections 191(2), 191(3), 115(2), 126(2), 118(1), 109, 303(2), 352 and 351(2) of the BNS, 2023, arising from an alleged assault on an informant's family. The prosecution opposed bail, arguing the seriousness of the offences, while the petitioner claimed a clean antecedent and that the allegations were false and the injury was simple. The court noted that the injury was indeed simple and the petitioner had no prior record. Consequently, the court granted bail to Suman Kumar on a bond of Rs. 10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC, including cooperation with the trial and non‑tampering with evidence. The bail order also directed the lower court to verify the petitioner’s antecedent and to cancel bail if any concealment is discovered.

Issues considered

  • Whether bail should be granted to the petitioner despite the nature of the alleged offences under the BNS, 2023.
  • Whether the petitioner’s clean antecedent and the simple nature of the injury justify bail.

Legislation cited

Subjects

  • bail
  • Criminal Procedure Code
  • Section 438
  • assault
  • simple injury
  • clean antecedent
  • withdrawn application

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89094 of 2025
                         Arising Out of PS. Case No.-99 Year-2025 Thana- Mufassil District- Purnia
                 ======================================================
           1.     Suman Kumar Son of Arun Mehta Resident of Chandi Kathwa, Rani Patra,
                  P.S.- Mufassil, District - Purnea.
           2.    Dharam Kumar @ Dharmlal Mehta Son of Jagdish Mehta Resident of
                 Chandi Kathwa, Rani Patra, P.S.- Mufassil, District - Purnea.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. N.K. Agrawal, Sr. Advocate
                                                    Mr. Bidhu Ranjan, Advocate
                 For the Opposite Party/s :         Mr. Syed Mojibur Rahman, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   12-01-2026                      Heard Mr. N.K. Agrawal, learned senior counsel for

                   the petitioners and Mr. Syed Mojibur Rahman, learned

                   Additional Public Prosecutor for the State.

                                 2. Learned counsel for the petitioners submits that

                   during pendency of the present bail application, the petitioner

                   no. 2, namely, Dharam Kumar @ Dharmlal Mehta has been

                   arrested. So the present bail application with respect to him has

                   become infructuous. Hence, he seeks permission to withdrawn

                   the bail application with respect to petitioner no. 2.

                                 3. Permission is accorded.

                                 4. Accordingly, the present bail application with

                   respect to petitioner no. 2, namely, Dharam Kumar @ Dharmlal
Patna High Court CR. MISC. No.89094 of 2025(2) dt.12-01-2026
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          Mehta stands dismissed as withdrawn as having become

          infructuous.

                      5. The petitioner no. 1 is apprehending his arrest in

          connection with Mufassil P.S. Case No. 99 of 2025, F.I.R. dated

          21.04.2025 for the offences punishable under Sections 191(2),

          191(3), 115(2), 126(2), 118(1), 109, 303(2), 352 and 351(2) of

          the BNS, 2023.

                      6. According to prosecution case, this petitioner along

          with other accused persons armed with lathi, danda and dabia

          brutally assaulted the informant and her family members due to

          which they received injuries.

                      7. Learned counsel for the petitioner submits that

          petitioner has clean antecedent and he has falsely been

          implicated in the present case. He further submits that the

          allegation as alleged in the F.I.R has been false and fabricated

          and the petitioner has not committed any offence as alleged in

          the F.I.R. There is case and counter case between the parties. As

          per the allegation in the F.I.R, the petitioner along with Arun

          Mehta have assaulted to the husband of the informant by means

          of dabia due to which he received injury but the injury report of

          the injured person suggest that the injury is simple in nature.

                      8.    Learned       Additional       Public   Prosecutor   has
Patna High Court CR. MISC. No.89094 of 2025(2) dt.12-01-2026
                                            3/4




          vehemently opposed the prayer for bail of the petitioner.

                       9. Considering the aforesaid facts and circumstances

          that the injury received by the injured person is simple in nature

          and the petitioner has clean antecedent, let the petitioner no. 1,

          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/- (Ten Thousand) with two sureties of the like

          amount each to the satisfaction of the learned CJM, Purnea in

          connection with Mufassil P.S. Case No. 99 of 2025, subject to

          the conditions as laid down under Section 438(2) of the Code of

          Criminal Procedure and with other following conditions:-

                       i. 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.

                       ii. If the petitioner tampers 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 petitioner and in case at
            Patna High Court CR. MISC. No.89094 of 2025(2) dt.12-01-2026
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                      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)
Vanisha/-

U      T


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