Patna High Court
Sintu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court granted anticipatory bail to all petitioners subject to the stipulated conditions.
Summary
The petitioners, three brothers, applied for anticipatory bail fearing arrest in a case (Supaul P.S. Case No. 468 of 2025) registered under several sections of the B.N.S, 2023 for alleged assault. They argued that the FIR was lodged four days after the incident, the injuries to the informant's wife were simple, and they have no criminal antecedents. The State opposed the bail. The court noted the delay in filing the FIR, the nature of the injuries, and the petitioners' clean record, and held that these factors warranted relief. Consequently, the court ordered that the petitioners be released on anticipatory bail, subject to a bail bond of Rs.10,000 with two sureties each, and compliance with conditions under Section 438(2) of the CrPC and Section 482(2) of the B.N.S, 2023. The order directed surrender within four weeks if arrested.
Issues considered
- Whether anticipatory bail should be granted under Section 438 CrPC and Section 482 B.N.S, 2023 given the nature of the alleged offences.
- Whether the delay in lodging the FIR and the simple nature of injuries justify granting bail.
- Whether the petitioners pose a risk of fleeing, tampering with evidence, or influencing witnesses.
Legislation cited
- B.N.S., 2023 — s. 109, 115(2), 126(2), 303(2), 3(5), 352, 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 B.N.S 2023
- delay in FIR
- simple injury
- no criminal antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90169 of 2025
Arising Out of PS. Case No.-468 Year-2025 Thana- SUPAUL District- Supaul
======================================================
1. Sintu Kumar Son of Chhotelal Mehta Resident of Village - Chaughara (Ward
No.- 7) Hardi Purab, P.S.- Supaul, District - Supaul
2. Mani Prakash Kumar Son of Chhotelal Mehta Resident of Village -
Chaughara (Ward No.- 7) Hardi Purab, P.S.- Supaul, District - Supaul
3. Chhotelal Mehta Son of Nakchhedi Mehta Resident of Village - Chaughara
(Ward No.- 7) Hardi Purab, P.S.- Supaul, District - Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arun Kumar Jha, Advocate
For the Opposite Party/s : Mr.Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners apprehend their arrest in connection
with Supaul P.S. Case no.468 of 2025 registered under sections
126(2), 115(2), 109, 303(2), 352 and 3(5) of B.N.S, 2023.
3. Allegations in the F.I.R is that accused persons
including the petitioners herein came variously armed and
indulged in assaulting the informant and others causing injuries
to them.
4. Learned counsel for the petitioners submits that
allegations made in the F.I.R would make it clear that while
Patna High Court CR. MISC. No.90169 of 2025(2) dt.15-01-2026
2/3
petitioner no.3 is an order giver, petitioner no.1 has been
imputed with general and omnibus allegation of assault and only
with regard to petitioner no.2, there is allegation of assaulting
the informant’s wife, however, injury report of said Urmila Devi
would show that injury in the form of laceration which is a
simple injury caused by hard and blunt object. There is delay of
four days in lodging of F.I.R, for which no explanation has been
tendered. The petitioners have no criminal antecedent and
undertake to co-operate in investigation/trial.
5. The application for anticipatory bail is opposed by
learned A.P.P. for the State.
6. Taking into consideration the aforesaid facts and
circumstances of the case and also considering that there is
delay in lodging of F.I.R and injuries sustained by the
informant’s wife are simple in nature caused by hard and blunt
object, it is directed that the petitioners, above named having no
criminal antecedent in the event of their arrest or surrender
before the learned Court below within a period of four weeks,
be released on anticipatory bail in connection with Supaul P.S.
Case no.468 of 2025 on each of them furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Court concerned
Patna High Court CR. MISC. No.90169 of 2025(2) dt.15-01-2026
3/3
where the case is pending/successor Court, subject to the
condition laid down under Section 438(2) of the Code of
Criminal Procedure/Section 482(2) of the B.N.S.S, 2023.
(Soni Shrivastava, J)
Harsh/-
U T
Checking your session…