Sudhir Kumar v. The State of Bihar

Patna HC7 Mar 2025CR. MISC./6820/2025

Case brief

AI extract

What is this about?

Anticipatory/pre-arrest bail; BNS 2023 Ss.126(2), 115(2), 118, 118(2), 303(2), 3(5); assault with sharp cutting weapons; land dispute; mutual fight; self-defence; simple injuries; clean antecedents; Section 482(2) BNSS 2023 bail conditions; Chief Judicial Magistrate Saran at Chapra; Gaura P.S. Case No. 167 of 2024; CR. MISC. No.6820 of 2025; decided 07-03-2025; bail bond Rs. 25,000 with two sureties.

What did the court decide?

Pre-arrest bail granted to both petitioners (Sudhir Kumar and Ankush Kumar @ Ankush Kumar Dubey) in Gaura P.S. Case No. 167 of 2024, upon furnishing bail bond of Rs. 25,000/- each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saran at Chapra, subject to Section 482(2) B.N.S.S., 2023 conditions and verification of criminal antecedents by the learned District Court.

Sudhir Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioners (Sudhir Kumar and Ankush Kumar @ Ankush Kumar Dubey) are entitled to pre-arrest bail in connection with Gaura P.S. Case No. 167 of 2024, registered for offences punishable under Sections 126(2), 115(2), 118, 118(2), 303(2) and 3(5) of the B.N.S., 2023.

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Court's answer

Considering the rival submissions, the fact that the incident arose out of a land dispute in which both sides entered into a fierce fight, that the petitioners may have caused the informant's injuries in self-defence, that the injuries were opined by the doctor to be simple in nature, and that the petitioners have clean antecedents, the court held that the petitioners have prima facie made out a case to be released on pre-arrest bail.

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Ratio / Principle

The petitioners were directed to be released on pre-arrest bail, in the event of their arrest or surrender before the learned District Court within four weeks, on furnishing a bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Saran at Chapra, in connection with Gaura P.S. Case No. 167 of 2024, subject to the conditions laid down under Section 482(2) of the B.N.S.S., 2023.

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Key takeaways

The learned District Court was directed to verify the criminal antecedents of the petitioners as stated in paragraph no. 3 of the bail application; if any other case is pending against the petitioners other than as stated therein, the bail order will lose its force automatically.ratio¶¶27

Detailed headnote1 paragraphs

Pre-arrest bail granted (Patna High Court, Purnendu Singh, J., 07-03-2025, CR. MISC. No.6820 of 2025): Petitioners Sudhir Kumar and Ankush Kumar @ Ankush Kumar Dubey, sought in Gaura P.S. Case No. 167 of 2024 (Dist. Saran) under Sections 126(2), 115(2), 118, 118(2), 303(2) and 3(5) BNS, 2023 for alleged assault on the informant with sharp cutting weapons, were held to have prima facie made out a case for pre-arrest bail. Grounds: incident arose from a land dispute in which both sides entered into a fierce fight; injuries may have been caused in self-defence; injuries medically opined simple; petitioners have clean antecedents. Release ordered within four weeks on bail bond of Rs. 25,000/- each with two sureties of the like amount, subject to Section 482(2) BNSS, 2023 conditions; District Court directed to verify criminal antecedents, failing which the order loses force automatically.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6820 of 2025

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Arising Out of PS. Case No.-167 Year-2024 Thana- Gaura P.S. District- Saran

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======================================================

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Sudhir Kumar, Male, Aged about 26 years, Son of Raghav Dubey

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Ankush Kumar @ Ankush Kumar Dubey, Male, Aged About 20 years, S/o Raghav Dubey.

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Both Resident of Village- Rampur, P.S.- Gaura, District- Saran at Chapra (Bihar)

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Rakesh Kumar, Advocate For the State : Mr. Sanjay Kumar Tiwary, A.P.P. For the Informant : Mr. Subham Kumar Singh, Advocate

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======================================================

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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

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2 07-03-2025

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Heard Mr. Rakesh Kumar, learned counsel appearing

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on behalf of the petitioners; Mr. Subham Kumar Singh, learned counsel appearing on behalf of the Informant and Mr. Sanjay Kumar Tiwary , learned APP for the State.

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The petitioners seek pre-arrest bail in connection with Gaura P.S. Case No. 167 of 2024 registered for the offence punishable under Sections 126(2), 115(2), 118, 118(2), 303(2) and 3(5) of the Bharatiya Nyaya Sanhita (B.N.S.), 2023.

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As per the allegation made in the FIR, petitioners along with other accused persons had assaulted the informant by means of sharp cutting weapons, due to which, the informant had sustained injury.

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Patna High Court CR. MISC. No.6820 of 2025(2) dt.07-03-2025 2/3

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Learned counsel appearing on behalf of the petitioners submitted that petitioners are innocent and have falsely been implicated in the present case. Due to land dispute, an altercation took place and both the sides entered into fierce fight and in the self-defence, petitioners may have caused some injuries to the informant, which have been opined by the doctor to be simple in nature. Petitioners have clean antecedent. On these grounds, petitioners seek to be released on pre-arrest bail.

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Learned counsel appearing on behalf of the informant vehemently opposed the prayer for grant of pre-arrest bail and submitted that with a common intention to kill the informant, the petitioners had assaulted him by means of sharp cutting weapon causing injuries.

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Learned APP for the State also vehemently opposed the prayer for grant of pre-arrest bail.

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Considering the rival submissions made on behalf of the parties, as well as, the fact that due to land dispute, an altercation took place and both the sides entered into fierce fight and in the self-defence, petitioners may have caused some injuries to the informant, which have been opined by the doctor to be simple in nature. Petitioners have clean antecedent. I am of the opinion that petitioners have, prima facie , made out a case to

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Patna High Court CR. MISC. No.6820 of 2025(2) dt.07-03-2025 3/3

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be released on pre-arrest bail.

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The petitioners, above named, are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 25,000/(Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra, in connection with Gaura P.S. Case No. 167 of 2024, subject to the condition as laid down under Section 482(2) of the B.N.S.S., 2023.

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The learned District Court is directed to verify the criminal antecedent of the petitioners as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioners as what has been stated in paragraph no. 3, this order will lose its force automatically.

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(Purnendu Singh, J)

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Niraj/-

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U T

Sudhir Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Sudhir Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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Statutes considered

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