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

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

What the court decided

AI extract

Outcome

Release of all three petitioners on bail in the event of their arrest or surrender within eight weeks, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate, Ist Class, Gopalganj/concerned court in connection with Barauli P.S. Case No. 25 of 2026, subject to the condition under Section 482(2) of the B.N.S.S. and additional conditions (one bailor to be a close relative; presence on dates fixed by the court below if so required).

Issue for consideration

Whether the petitioners, who are apprehending arrest in connection with Barauli P.S. Case No. 25 of 2026 (offences under Sections 126(2), 115(2), 109, 351(2), 352 and 3(5) of B.N.S.), should be released on bail in the event of their arrest or surrender. +1 more

Court's answer

The petitioners are to be released on bail, in the event of their arrest or surrender before the court concerned within eight weeks, on bail bonds of Rs.10,000/- each with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate, Ist Class, Gopalganj/concerned court in connection with Barauli P.S. Case No. 25 of 2026.

Ratio / Principle

The grant of bail rests on the clean antecedents of the petitioners and on the circumstance that the allegations concern a single injury upon the informant although levelled against a number of persons.

Key takeaways

While directing release on bail, the Court took into account the absence of the ingredient required to make out a case under Section 109 of BNS.ratio¶23
The bail direction is subject to the condition laid down under Section 482(2) of the B.N.S.S. and further conditions, namely that one of the bailors shall be a close relative of the petitioners and that the petitioners shall remain present on each date fixed by the court below if so required by the learned trial court.ratio¶25

Detailed headnote1 paragraphs

Bail granted on apprehension of arrest (release on arrest or surrender within eight weeks). Petitioners Sonu Kumar, Prahlad Mukhiya and Babuchand Mukhiya, arraigned in Barauli P.S. Case No. 25 of 2026 (District Gopalganj) for offences under Sections 126(2), 115(2), 109, 351(2), 352 and 3(5) of B.N.S. arising out of an assault on the informant while he was taking dinner, causing fracture of his head, were ordered to be released on bail in the event of arrest or surrender within eight weeks, on bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate, Ist Class, Gopalganj. Grounds relied upon by the Court: clean antecedents of the petitioners; a single injury upon the informant for which allegations are made against a number of persons; and the absence of the ingredient needed to make out a case under Section 109 of BNS (counsel had argued there was no intention to cause death). The order is subject to the condition under Section 482(2) of the B.N.S.S., with one bailor required to be a close relative and attendance required on dates fixed by the trial court if demanded.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.28272 of 2026

Arising Out of PS. Case No.-25 Year-2026 Thana- BARAULI District- Gopalganj

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Sonu Kumar S/o Prahlad Mukhiya R/o Village - Rupanchhap (Ram Nagar Tola), P.S - Barauli, District - Gopalganj

Prahlad Mukhiya S/o Late Shivpujan Mukhiya R/o Village - Rupanchhap (Ram Nagar Tola), P.S - Barauli, District - Gopalganj

Babuchand Mukhiya @ Babuchand S/o Vijay Mukhiya R/o Village - Rupanchhap (Ram Nagar Tola), P.S - Barauli, District - Gopalganj

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Naresh Prasad, Advocate For the Opposite Party/s : Mr.Ram Sevak Choudhary, APP

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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

2 04-05-2026 Heard learned counsel for the petitioners and learned

APP for the State.

In the present case, the petitioners are apprehending their arrest in connection with Barauli P.S. Case No. 25 of 2026 registered for the offences under Sections 126(2), 115(2), 109, 351(2), 352 and 3(5) of B.N.S.

As per prosecution case, while the informant

has been taking his dinner, the petitioners came there and assaulted the informant causing fracture of his head.

Learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.28272 of 2026(2) dt.04-05-2026 2/3

the petitioners are innocent and have falsely been implicated in this case. The allegations are general and omnibus against the petitioners to assault the informant by lathi causing fracture of his head but from the injury report it appears he received only one injury which is simple in nature. Learned counsel further submits that no offence under Section 109 of BNS is made out as there was no intention to cause death of any person. Learned counsel further submits that the written report was submitted a day after the occurrence without any satisfactory explanation. The petitioners are having clean antecedent.

Learned APP opposes the submission made on behalf of the petitioners.

Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the clean antecedent of the petitioners and further considering the single injury upon the informant for causing which allegations are against a number of persons and also considering the absence of ingredient to make out a case under Section 109 of BNS, let the petitioners above named, in the event of their arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two

Patna High Court CR. MISC. No.28272 of 2026(2) dt.04-05-2026 3/3

sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Gopalganj/concerned court in connection with Barauli P.S. Case No. 25 of 2026, subject to the condition as laid down under Section 482(2) of the B.N.S.S. and other following conditions :

(i) One of the bailors will be a close relative of the petitioners.

(ii) The petitioners will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(Arun Kumar Jha, J)

DKS/-

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