Patna High Court
Sonu Kumar @ Sonu ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
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
- B.N.S., 2023 — s. 109, 115(2), 126(2), 351(2), 352
- Criminal Procedure Code — s. 438(2)
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
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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
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(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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