Sunny Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Sunny Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Bail granted: petitioner to be released on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nawada, in connection with Rajauli P.S. Case No. 298 of 2025, subject to conditions under Section 438(2) CrPC / Section 482(2) BNSS.

Issue for consideration

Whether the petitioner should be admitted to bail in Rajauli P.S. Case No. 298 of 2025 registered for offences punishable under Sections 126(2), 115(2), 109, 3(5) of BNS. +1 more

Court's answer

Because the parties are agnates and there is a case and counter-case between them, the Court was inclined to grant bail to the petitioner.

Ratio / Principle

The petitioner was ordered to be released on bail on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nawada, in connection with Rajauli P.S. Case No. 298 of 2025, subject to the conditions under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.

Key takeaways

Any observation made in the order is prima facie, limited solely to adjudication of the bail application, shall not be construed as an expression on the merits, and shall not influence the trial or any other proceedings.obiter¶22

Detailed headnote1 paragraphs

Bail granted (Ansul, J., Patna High Court, 07-05-2026) in CRIMINAL MISCELLANEOUS No.17699 of 2026 arising from Rajauli P.S. Case No. 298 of 2025, District Nawada, registered under Sections 126(2), 115(2), 109, 3(5) of BNS, where the allegation was an attack on the informant's brother with a blade, the injury being certified grievous. Bail was allowed because the parties are agnates, there is a case and counter-case between them, and Title Suit No. 540 of 2024 over land is pending before the Sub-judge-I, Nawada, despite opposition by the informant and the State on the ground that the injury is grave. Release ordered on a bail bond of Rs. 10,000/- with two like sureties to the satisfaction of the Chief Judicial Magistrate, Nawada, subject to the conditions in Section 438(2) CrPC / Section 482(2) BNSS; all observations declared prima facie and confined to the bail application, not to influence the trial.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.17699 of 2026

Arising out of PS. Case No.-298 Year-2025 Thana- RAJAOLI District- Nawada

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

Sunny Kumar Son of Sunil Yadav @ Sunil Kumar Yadav Resident of village - Mahsai, Police Station - Rajauli, District - Nawada.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Deepak Kumar, Advocate For the State : Mr.Yogendra Kumar, APP For the Informant : Mr. Rakesh Kumar, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE ANSUL

ORAL ORDER

4 07-05-2026

Heard learned counsel for the petitioner, learned

counsel for the informant and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in Rajauli P.S. Case No. 298 of 2025 registered for the offences punishable under Sections 126(2), 115(2), 109, 3(5) of BNS.

The allegation against the petitioner is of attacking the brother of the informant with blade. The doctor has certified the injury to be grievous.

Learned counsel for the petitioner submits that the parties are agnates and there is land dispute between them and Title Suit No. 540 of 2024 is pending before learned Sub-judgeI, Nawada. He further submits that there is case and counter-

Patna High Court CR. MISC. No.17699 of 2026(4) dt.07-05-2026 2/3

case between the parties.

Learned counsel for the Informant as well as learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner. Learned counsel for the Informant submits that the injury is grave.

Considering that the parties are agnates and there is case and counter-case between the parties, this Court is inclined to grant bail to the petitioner.

Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nawada in connection with Rajauli P.S. Case No. 298 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.

It is made clear that any observation made herein is prima facie in nature and limited solely for the purpose of adjudication of the present bail application. Such observations shall not be construed as an expression on the merits of the case and shall not

Patna High Court CR. MISC. No.17699 of 2026(4) dt.07-05-2026 3/3

influence the trial or any other proceedings in any manner.

(Ansul, J)

Vikash/-

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