Patna High Court
Soni KumariversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The Court granted pre‑arrest bail to the petitioners subject to specified conditions.
Summary
The petitioners, Soni Kumari and Atul Kumar, sought pre‑arrest bail in connection with P.S. Case No. 318 of 2025, which alleged offences under several sections of the Bharatiya Nagrik Suraksha Sanhita, 2023. They were accused of entering an informant’s house, verbally abusing the occupants, and assaulting the informant’s mother by pulling her hair and striking her with a brick, stone, lathi and danda, causing a grievous head injury. The petitioners contended that the incident was a minor scuffle, that no specific charge was made against them, and highlighted their clean antecedents. The State argued that the serious injury to the informant’s mother demonstrated the petitioners’ complicity and opposed bail. The Court, noting the omnibus nature of the allegations, the petitioners’ fair antecedent, and the circumstances, granted them bail subject to a Rs.10,000 bond, sureties, and conditions under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, including a provision for cancellation if they intimidate witnesses.
Issues considered
- Whether the petitioners are entitled to pre‑arrest bail despite the alleged grievous injury to the informant’s mother.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 109(1), 115(2), 126(2), 3(5), 351(1), 352, 482(2)
Subjects
- pre‑arrest bail
- criminal procedure
- assault
- grievous injury
- Section 482
- Bharatiya Nagrik Suraksha Sanhita
- fair antecedent
- witness intimidation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.92044 of 2025
Arising Out of PS. Case No.-318 Year-2025 Thana- BEGUSARAI MUFFASIL District-
Begusarai
======================================================
1. Soni Kumari W/o Atul Kumar R/o Swami Vivekanand Nagar, Hemra Ward
no. - 41, P.S. - Muffasil, Dist. - Begusarai.
2. Atul Kumar Son of Ashok Singh R/o Swami Vivekanand Nagar, Hemra
Ward no. - 41, P.S. - Muffasil, Dist. - Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rahul Singh, Adv.
For the Opposite Party/s : Mr. Zainul Abedin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 28-01-2026 Heard the learned Advocate for the petitioners and the
learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in
connection with Muffasil P.S. Case No. 318 of 2025, registered
for the offences punishable under Sections 126(2), 115(2),
109(1), 352, 351(1) and 3(5) of the B.N.S., 2023.
3. In the morning of the fateful day, the petitioners
along with other five unknown persons entered into the house of
the informant and started abusing. On objection being raised,
the petitioners along with others caught hold the hair of the
informant’s mother and brutally assaulted by means of brick,
stone, lathi and danda.
4. Learned Advocate for the petitioners submitted that
Patna High Court CR. MISC. No.92044 of 2025(2) dt.28-01-2026
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the genesis of the occurrence is nothing but a trifle, resulting
into a scuffle, leading to some unfortunate injuries. There is
counter version of the present case being Complaint Case No.
1497 of 2025, instituted against the informant and others. It is
the contention of the petitioners that since the written report of
the petitioners was not accepted by the concerned SHO, then
written report has also been sent to the Superintendent of Police
on 16.10.2025 through the speed post, the copy of which has
also been placed on record. It is lastly contended that there is no
specific accusation against the petitioner no. 1, moreover, the
petitioner no. 2 happens to be husband of the petitioner no. 1
and it is alleged that he used to abuse the informant and his
family members. There is no allegation that the petitioners have
actively participated in the crime. The petitioners are persons of
fair antecedent and they undertake that they will fully co-
operate in the proceeding of the Court.
5. On the other hand, learned Advocate for the State
opposed the pre-arrest bail application and submits that one of
the injury sustained over the parietal region of the skull over the
injured mother of the informant has been found to be grievous
in nature and the complicity of the petitioners cannot be denied.
6. Having considered the submissions advanced by
learned Advocate for the respective parties and taking note of
Patna High Court CR. MISC. No.92044 of 2025(2) dt.28-01-2026
3/3
the omnibus nature of allegation, coupled with the genesis of the
occurrence and the factum of case and counter case, besides the
fair antecedent, let the petitioners above named be released on
bail, in the event of their 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) each with two sureties of
the like amount each to the satisfaction of the learned Chief
Judicial Magistrate, Begusarai in connection with Muffasil P.S.
Case No. 318 of 2025, subject to the conditions laid down in
Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023
with the further conditions that:-
(i) One of the bailors shall be the own/close family
members of the petitioners.
(ii) If the petitioners are found involve in
intimidating/threatening the witnesses or the informant or would
indulge in such activities in future, the informant/State shall be
at liberty to file appropriate application for cancellation of their
bail bond(s).
(Harish Kumar, J)
shivank/-
U T
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