Patna High Court
Sandeep KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The Court held that the petitioner is entitled to bail as his participation was limited, he caused no injury, and he possesses a clean antecedent.
Summary
Sandeep Kumar applied for pre‑arrest bail in a case registered under Sections 126(2), 115(2), 118(1), 109, 352, 351(2) and 3(5) of the Bharatiya Nagrik Suraksha Sanhita, 2023, alleging that he was present when his co‑accused Chandan Kumar assaulted the younger brother of an informant with a sword, causing grievous injury. The State argued that the petitioner actively participated in the assault and therefore should be denied bail. The petitioner contended that the specific sword‑blow was attributable only to Chandan Kumar, that he caused no injury, and that he has a clean antecedent. The Court examined the limited nature of the accusation against the petitioner, the absence of any injury caused by him, and his fair antecedent. Relying on Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, the Court ordered that the petitioner be released on bail upon arrest or surrender, subject to prescribed surety conditions. The order also required one bailor to be a close family member of the petitioner.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail despite being present at the scene of a grievous injury caused by a co‑accused.
- Whether the limited participation of the petitioner and his clean antecedent outweigh the prosecution’s case for denial of bail.
- How Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, governs the grant of bail in this circumstance.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 3(5), 351(2), 352, 482(2)
Subjects
- bail
- pre‑arrest bail
- criminal procedure
- Bharatiya Nagrik Suraksha Sanhita
- Section 482(2)
- grievous injury
- clean antecedent
- co‑accused
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 91234 of 2025
Arising Out of PS. Case No.-193 Year-2025 Thana- BIND District- Nalanda
======================================================
Sandeep Kumar Son of Late Bhutali Kewat @ Sadhu Kewat Resident of
Village- Bakra, P.S.- Bind, District- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Durgesh Nandan
For the Opposite Party/s : Ms.Renu Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 15-01-2026 Heard the parties.
2. The petitioner apprehends his arrest in connection
with Bind P.S. Case No. 193 of 2025, registered for the offences
punishable under Sections 126(2), 115(2), 118(1), 109, 352,
351(2), 3(5) of the BNS.
3. On account of previous enmity with co-accused
Chandan Kumar, the petitioner along with him rushed to the
house of the informant and started abusing. When the same was
protested by the son of the informant, it is alleged that this
petitioner tried to assault him by means of sword but he anyhow
saved himself. It is further alleged that the petitioner caught
hold the younger brother of the informant, whereupon co-
accused Chandan Kumar has assaulted him by means of sword
over his neck, due to which he sustained grievous injury.
Patna High Court CR. MISC. No. 91234 of 2025(2) dt.15-01-2026
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4. Learned Advocate for the petitioner submitted that
even if the allegation is taken to be true for the sake of
argument, the specific accusation of causing sword blow is
levelled against Chandan Kumar, which has been found to be
grievous in nature. So far the petitioner is concerned, only on
account of the fact that he, being the cousin of Chandan Kumar,
was present at the time of occurrence, his name has been
implicated in this case. Previous enmity is said to be with co-
accused Chandan Kumar and, as such there was no reason or
occasion for the petitioner to enter into such crime. The
petitioner is a man of fair antecedent and he undertakes that he
will fully cooperate in the proceeding of the court.
5. On the other hand, learned Advocate for the State
vehemently opposed the bail application and submitted that
because of the active participation of the petitioner along with
co-accused Chandan Kuamr, the younger brother of the
informant has sustained grievous injury and, as such, the
petitioner does not deserve pre-arrest bail.
6. Having considered the submissions advanced by
the learned Advocates for the respective parties and taking note
of the limited accusation against the petitioner as also the fact
that the none has sustained any injury because of the assault
Patna High Court CR. MISC. No. 91234 of 2025(2) dt.15-01-2026
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being made by the petitioner as well as the fair antecedent, let
the petitioner abovenamed be released on bail, in the event of
his arrest or surrender before the court below within a period of
four weeks from the date of receipt/production of a copy of this
order, upon furnishing bail bonds of Rs.10,000/- (ten thousand)
with two sureties of the like amount each to the satisfaction of
the learned Judicial Magistrate, 1st Class XIII, Nalanda at
Biharsharif in connection with Bind P.S. Case No. 193 of 2025,
subject to the conditions laid down in Section 482(2) of the
Bharatiya Nagrik Suraksha Sanhita, 2023, with the further
condition that one of the bailors shall be the own/close family
members of the petitioner.
(Harish Kumar, J)
Anjani/-
U T
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