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Patna High CourtCR. MISC./2887/2026partly allowed disposal

Suraj Kumar v. The State Of Bihar

2026-01-28Justice Smt. Soni Shrivastava3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2887 of 2026 Arising Out of PS. Case No.-99 Year-2025 Thana- Mufassil District- Khagaria ====================================================== 1.

Suraj Kumar S/O Late Dashrath Jha Resident Of Village- Ramganj, P.SMuffasil, Distt.- Khagaria. 2.

Ranjit Jha S/O Late Dashrath Jha Resident Of Village- Ramganj, P.SMuffasil, Distt.- Khagaria. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md Shahid Anwar Mr. Shashi Ranjan Dayal Mr. Mukesh Kr. Yadav For the State :

Mr. Binod Kumar No. 3 ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 28-01-2026 After some arguments, learned counsel for the petitioner prays for withdrawal of the present anticipatory bail application on behalf of petitioner no. 2 Ranjit Jha in order to surrender and seek regular bail.

2. Prayer is allowed.

3. However, if the petitioner surrenders before the learned court below within a period of three weeks from today and prays for regular bail, the same shall be considered by the learned court below on the same day without being prejudiced by the present withdrawal.

4. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

5. The petitioner is apprehending his arrest in a case

Patna High Court CR. MISC. No.2887 of 2026(2) dt.28-01-2026 2/3 registered for the offence punishable under Sections 126(2), 115(2), 329(3), 117(2), 303(2), 109, 74, 352, 351(2), 3(5) of the B.N.S.

6. Allegation in the first information report is with regard to assaulting the informant.

7. Learned counsel for the petitioner submits that so far as petitioner no. 1 is concerned, there is only an allegation of pulling the informant by her hair, abusing and assaulting her and pressing her neck. However, it has been submitted that there is a dispute between the families due to inter caste marriage and there is no allegation of any repeated blow, as such no offence under Section 109 of the BNS would be made out. Moreover, there is no injury found on the neck of the informant.

8. Learned APP for the State has opposed the application for anticipatory bail.

9. Taking into consideration the facts and circumstances and also considering the fact that no injury is attributable to petitioner no. 1, let the above named petitioner no. 1, who has no criminal antecedent, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two

Patna High Court CR. MISC. No.2887 of 2026(2) dt.28-01-2026 3/3 sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Khagaria Muffasil P.S. Case No. 99 of 2025, subject to the condition as laid down under Section 438 (2) of the Cr.P.C./482(2) of the B.N.S.S.

(Soni Shrivastava, J) devendra/- U T