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Patna High Court

Sonu Kumar @ Sonu ChaudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that anticipatory bail may be granted subject to conditions prescribed under Section 438(2) of the Criminal Procedure Code.

Summary

The petitioner, Sonu Kumar, sought anticipatory bail fearing arrest in connection with Sikandra police case No. 358/25, which alleged offences under sections 126(2), 115(2), 109, 352 and 351(2) of the B.N.S, 2023. The prosecution alleged that the petitioner assaulted the informant, causing injuries that required hospitalisation. The petitioner contended that the FIR was exaggerated, the injuries were simple, and he had no prior criminal record. The State opposed the bail, arguing that the assault charge warranted detention. Considering the petitioner’s clean antecedent and the simple nature of the injury, the Court granted anticipatory bail with a cash bond of Rs.10,000 and two sureties, imposing conditions under Section 438(2) of the Criminal Procedure Code, including regular court appearances and non‑interference with witnesses.

Issues considered

  • Whether anticipatory bail should be granted in a case involving alleged assault and simple injuries.
  • Whether the petitioner’s lack of criminal antecedent and the nature of the injury justify the grant of anticipatory bail.
  • What conditions may be imposed under Section 438(2) of the Cr.P.C. when granting anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • assault
  • simple injury
  • criminal antecedent
  • Section 438 CrPC
  • Bihar Negotiable Substances Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.9524 of 2026
                       Arising Out of PS. Case No.-358 Year-2025 Thana- SIKANDRA District- Jamui
                 ======================================================
                 Sonu Kumar @ Sonu Chaudhary S/O Late Shankar Chaudhary R/O Village
                 and P.O.- Sikandra, P.S- Sikandra Thana, Dist.- Jamui, Bihar.

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mrs. Archana Sinha, Sr. Adv.
                                          :       Ms. Swarna Roy, Adv
                                          :       Ms. Richa Rajiv Singh, Adv.
                                          :       Ms. Komal, Adv.
                                          :       Mr. Akshat Arghya, Adv.
                                          :       Ms. Nisha Kumari, Adv.
                                          :       Mr. Manish Kumar, Adv.
                 For the Opposite Party/s :       Mr. Mithlesh Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

5   17-06-2026                   Heard Mrs. Archana Sinha, learned Senior Counsel

                   for the petitioner and learned APP for the State.

                                 2. The petitioner apprehends his arrest in connection

                   with Sikandra P.S. Case No. 358/25 for the offence registered

                   under sections 126(2), 115(2), 109, 352, 351(2) of B.N.S, 2023

                   lodged on 25.11.2025 by the informant, Amit Kumar.

                                 3. As per the prosecution story, the informant alleged

                   that after abusing him, they resorted to repeated assault causing

                   injuries. They were shifted to the hospital which followed the

                   FIR.

                                 4. Learned Senior Counsel for the petitioner submits
Patna High Court CR. MISC. No.9524 of 2026(5) dt.17-06-2026
                                            2/3




          that though exaggerated FIR is there, the injury has been found

          to be simple in nature. Further, the petitioner do not have

          criminal antecedent.

                       5. Learned APP for the State, on the other hand,

          opposes the prayer for anticipatory bail submitting that assault

          theory is on this petitioner.

                       6. Taking into account the submissions aforesaid as

          also that he do not have criminal antecedent and the injuries

          have been found to be simple in nature, there is case and counter

          case, in that background, this Court is inclined to grant him the

          anticipatory bail with conditions.

                       7. Let the petitioner in the event of arrest or surrender

          within a period of four weeks from the date of receipt of the

          order, shall be released on anticipatory bail on furnishing bail of

          Rs. 10,000/- (ten thousand) each with two sureties of the like

          amount each to the satisfaction of the learned JM 1 st Class,

          Jamui in connection with Sikandra P.S. Case No. 358/25 subject

          to condition as laid down under Section 438(2) of the Cr.P.C.

                       (i) one of the bailor should be the family

          members/relatives of the petitioner, who shall provide official

          document (Aadhar Card, PAN Card, Driving License, Voter ID)

          to show his bona fide;
          Patna High Court CR. MISC. No.9524 of 2026(5) dt.17-06-2026
                                                      3/3




                                 (ii) the petitioner shall appear on each and every date

                    before the Trial court and failure to do so for two consecutive

                    dates without plausible reason will entail cancellation of his bail

                    bond by the Trial court itself;

                                 (iii) the petitioner shall appear before the concerned

                    police station every fortnight for next six months to mark

                    attendance and at the end of the period, the certificate be

                    submitted to the Court;

                                 (iv) the petitioner shall in no way try to induce or

                    promise or threat the witnesses or tamper with the evidences,

                    failing which the State shall be at liberty to take steps for

                    cancellation of the bail bonds;

                                 (v) the petitioner shall desist from committing any

                    criminal offence again failing which the State shall be at liberty

                    to take steps for cancellation of the bail bonds.



                                                   (Rajiv Roy, J)
Vijay
Singh/Munindra
Kumar Sahu

U     T


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