Patna High Court
Saurav KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The Court granted pre‑arrest bail to the petitioners, subject to bond and surety conditions.
Summary
The petitioners, Saurav Kumar and Aman Kumar, were implicated in a FIR alleging assault with a lathi and iron rod, causing head injury, and the theft of a vehicle and Rs.7,400. They applied for pre‑arrest bail, claiming innocence, a clean criminal record, and that the injuries to the informant were minor. The State opposed the bail on the seriousness of the offences listed under Sections 126(2), 115(2), 109, 324(4), 303(2), 352, 351 and 3(5) of the B.N.S. The High Court, after noting the minor nature of the injuries and the petitioners' clean antecedent, held that a prima facie case for bail existed. Accordingly, the Court directed that the petitioners be released on pre‑arrest bail upon surrender, subject to a bail bond of Rs.10,000 with two sureties each, and directed the District Court to verify any pending criminal cases.
Issues considered
- Whether the petitioners are entitled to pre‑arrest bail for the offences alleged under the B.N.S.
- Whether the nature of the injuries and the petitioners' antecedent justify granting bail under Section 482(2) of the BNSS.
Legislation cited
Subjects
- pre‑arrest bail
- criminal procedure
- assault
- robbery
- Section 482
- Bihar High Court
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90034 of 2025
Arising Out of PS. Case No.-187 Year-2025 Thana- SHEKHPURA District- Sheikhpura
======================================================
1. Saurav Kumar aged about 28 years (male),
2. Aman Kumar aged about 25 years,
Both son of Dina Ram @ Denesh Kumar @ Dinesh Ram, Resident of
Girihinda, P.S - Sheikhpura, District - Sheikhpura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sheo Nandan Prasad, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 15-01-2026 Heard Mr. Sheo Nandan Prasad, learned counsel
appearing on behalf of the petitioners and Mr. Sanjay Kumar
Tiwary, learned APP for the State.
2. The petitioners seek pre-arrest bail in connection
with Sheikhpura P.S. Case No. 187 of 2025 registered for the
offence punishable under Sections 126(2), 115(2), 109, 324(4),
303(2), 352, 351 and 3(5) of the B.N.S.
3. As per the allegation made in the FIR, petitioners
along with other co-accused persons, had assaulted the
informant by means of lathi danda and iron rod causing head
injury and had also snatched his vehicle and Rs. 7400/- cash.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.90034 of 2025(2) dt.15-01-2026
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petitioners submitted that petitioners are innocent and have
falsely been implicated in the present case. Due to trivial reason,
the petitioners have been made accused. Injuries sustained by
the informant side have been opined by the doctor to be simple
in nature. Petitioners have clean antecedent. On these grounds,
petitioners seek to be released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Considering the rival submissions made on behalf
of the parties, as well as, the fact that injuries sustained by the
informant side have been opined by the doctor to be simple in
nature and petitioners have clean antecedent, I am of the opinion
that petitioners have, prima facie, made out a case to be released
on pre-arrest bail.
7. The petitioners, above named, are directed to be
released on pre-arrest bail, in the event of their arrest or
surrender before the learned District Court within a period of
four weeks from today, on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) each with two sureties of the like
amount each to the satisfaction of the learned District Court
where the case is pending, in connection with Sheikhpura P.S.
Case No. 187 of 2025, subject to the condition as laid down
Patna High Court CR. MISC. No.90034 of 2025(2) dt.15-01-2026
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under Section 482(2) of the BNSS.
8. The learned District Court is directed to verify
the criminal antecedent of the petitioners as stated in
paragraph no. 3 of the bail application. If any other case is
pending against the petitioners as what has been stated in
paragraph no. 3, this order will lose its force automatically.
(Purnendu Singh, J)
Niraj/-
U T
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