Suman Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39523 of 2026 Arising Out of PS. Case No.-7 Year-2026 Thana- AMARPUR District- Banka ====================================================== Suman Kumar S/o Tetar Yadav Resident of Village- Chhattar, Police StationFullidumar, Distt.- Banka ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Suman Kumar, Advocate For the Opposite Party/s :
Ms.Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 25-06-2026 Heard Mr.Suman Kumar,learned counsel for the petitioner and Ms.Anita Kumari, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since 14.03.2026 in connection with Amarpur Fullidumar P.S. Case No. 07 of 2026, F.I.R. dated 03.11.2026 registered for the offence punishable under Sections 126(2), 115(2), 117(2), 109(1), 352, 351(2),3(5) of BNS, 2023.
3. Allegation against the petitioner is that he alongwith co-accused persons assaulted the informant and his family members with lathi, danda, iron rod, khanti due to which they sustained injuries.
4. Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent. From a bare perusal of the FIR it appears that due to some petty dispute the
Patna High Court CR. MISC. No.39523 of 2026(2) dt.25-06-2026 2/3 present occurrence has taken place. The FIR is in two parts. In 1st part, there is general and omnibus allegation against all the accused persons including the petitioner and in 2nd part, specific allegation of assault is attributed against co-accused person, namely, Tetar Yadav and Roshan Kumar and said co-accused person, namely, Tetar Yadav and Anr. have been granted bail by this Court vide order dated 28.04.2026 passed in Cr. Misc. No.28765 of 2026 and the police, after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since 14.03.2026.
5. Learned APP for the State has opposed the prayer for bail of the petitioner.
6. Considering the aforesaid fact, petitioner has clean antecedent, there is specific allegation against the petitioner and co-accused person, namely, Tetar Yadav, against whom the similar allegation, has been granted bail by this Court, 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 learned Chief Judicial Magistrate, Banka in connection with Amarpur Fullidumar P.S. Case No. 07 of 2026, with the following conditions:- (I) Petitioner shall co-operate in the trial and shall be
Patna High Court CR. MISC. No.39523 of 2026(2) dt.25-06-2026 3/3 properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below. (II) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(III) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Nitesh/- U T