Patna High Court
SUSHIL KUMAR @ SUSHIL KUMAR SINGHversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court granted regular bail to the petitioner on condition of a Rs.10,000 bond with two sureties.
Summary
The petitioner, Sushil Kumar, was arrested in connection with a case registered under multiple sections of the Bharatiya Nyaya Sanhita, 2023, alleging that he came armed and assaulted the brother of an informant, causing a head injury. The petitioner contended that he was falsely implicated over a trivial dispute, that the injury was simple, and that he had no prior criminal record, having been in custody since 9 December 2025. The State opposed the bail application. The Court examined the FIR allegations, the nature of the injury, the petitioner’s clean antecedent, and the period of custody, and concluded that these factors warranted the grant of regular bail. Accordingly, the Court ordered the petitioner to be released on a bail bond of Rs.10,000 with two sureties of the same amount, subject to the satisfaction of the Additional Chief Judicial Magistrate‑I, Nalanda. The bail was granted subject to the stipulated conditions.
Issues considered
- Whether the petitioner is entitled to regular bail despite being charged under sections 126(2), 115(2), 117(2), 303(2), 74, 352, 109(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023
- Whether the simple nature of the injury and the petitioner’s lack of criminal antecedent justify the grant of bail
- Whether the petitioner was falsely implicated in the matter
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 117(2), 126(2), 303(2), 3(5), 352, 74
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- false implication
- simple injury
- no antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9926 of 2026
Arising Out of PS. Case No.-458 Year-2025 Thana- HARNAUT District- Nalanda
======================================================
Sushil Kumar @ Sushil Kumar Singh S/O Late Shiv Kumar Singh R/O
Village- Harnaut Behind Electrice Office, Nehusa, P.s.- Harnaut, District-
Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anurag Saurav, Advocate
For the Opposite Party/s : Mr. Anil Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 24-02-2026 Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Harnaut P.S. Case no.
458 of 2025 registered under sections 126(2), 115(2), 117(2),
303(2), 74, 352, 109(1) and 3(5) of the Bharatiya Nyaya
Sanhita, 2023.
3. As per the prosecution case, the accused persons
including the petitioner herein are said to have came variously
armed. Further petitioner is said to have assaulted the brother of
the informant causing injury on his head.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case over a trivial dispute
as would be evident from the contents of the FIR. Referring to the
Patna High Court CR. MISC. No.9926 of 2026(2) dt.24-02-2026
2/2
injury report of Dharmendra Prakash who is said to have been
injured as a result of assault by this petitioner, learned counsel
submits that the injury has been found to be simple in nature. The
petitioner is in custody since 9.12.2025 and has no criminal
antecedent.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations in the FIR, the injury
on Dharmendra Prakash having been found to be simple in
nature, the petitioner having remained in custody since
9.12.2025 and his not having any criminal antecedent, the Court
directs the petitioner to be enlarged on bail in connection with
Harnaut P.S. Case no. 458 of 2025 on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Additional Chief
Judicial Magistrate-I, Nalanda, Biharsharif.
(Partha Sarthy, J)
sauravkrsinha/-
U T
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