Sohan Prasad @ Sohan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41529 of 2026 Arising Out of PS. Case No.-59 Year-2026 Thana- DUMRAO District- Buxar ====================================================== 1.
SOHAN PRASAD @ SOHAN KUMAR S/O LATE BACHUN PRASAD R/O VILLAGE- RAJI MOHALLA (RAJAI MISHRA KI GALI), P.S.- DUMRAON, DISTRICT- BUXAR 2.
PUTUL @ SUNIL YADAV S/O LATE BHAGWAN YADAV R/O WARD NO. 24, DUMRAON, P.S.-DUMRAON, DISTRICT- BUXAR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravi Shankar Pathak, Adv.
For the Opposite Party/s :
Mr. Narsingh Tanti, APP For the Informant :
Ms. Dimpal Kumari, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-07-2026
1. Heard learned counsel for the petitioners, learned A.P.P. for the State and the learned counsel appearing on behalf of the informant.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 115(2), 126(2), 109(1), 352 and 3(5) of the BNS, 2023.
3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and the informant alleges that on 04.03.2026 at 3:00 PM, he came out of his house when Mohan started abusing him, accordingly he came back home and disclosed about the occurrence to his family members, thereafter his sister called Sub-inspector, Gautam and
Patna High Court CR. MISC. No.41529 of 2026(2) dt.08-07-2026 2/3 informed about the occurrence, but the SI said that he will come later as he was on some other duty, it is next alleged that on the same day at 8:30 PM, while the informant was coming back home after playing Holi, when five named accused persons including the petitioners along with 8-10 unknown accused assaulted him by lathi and fist and Mohan said to compromise the Case no. 1326 dated 19.01.2026.
4. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant being brother and neighbour of Mohan. It is further submitted that from perusal of the allegations as alleged in the FIR, it would manifest that thrust of allegation is against Mohan and as far as allegation of assault is alleged, the same is general and omnibus in nature, though injury no. 1 of the informant has been opined to be grievous in nature. It is reiterated and submitted that petitioners are persons with clean antecedent and are not criminal.
5. Learned A.P.P. for the State and learned counsel appearing on behalf of informant opposes the anticipatory bail application of the petitioners but then are not in a position to rebut the submission of the learned counsel appearing on behalf of the petitioners that allegation of assault is general and
Patna High Court CR. MISC. No.41529 of 2026(2) dt.08-07-2026 3/3 omnibus in nature and the petitioners are not criminals.
6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Dumraon P.S. Case No. 59 of 2026 subject to the conditions as laid down under Section 482 (2) of the BNSS.
7. The application stands allowed.
(Satyavrat Verma, J) rajesh/- U T