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Patna High Court

Saurav KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

  • B.N.S. — s. 109, 115(2), 126(2), 303(2), 324(4), 3(5), 351, 352
  • BNSS — s. 482(2)

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
                                                          3/3




                        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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