Sonu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87341 of 2025 Arising Out of PS. Case No.-35 Year-2025 Thana- MAIGRA District- Gaya ====================================================== 1.
Sonu Kumar S/o- Dashrath Rikiyashan Village- Maigra PS- Maigra, DistGaya 2.
Awadhesh Bhuiya S/o- Dashrath Bhuiyan Village- Maigra PS- Maigra, DistGaya 3.
Golu Kumar @ Golu Bhuiya S/o- Badhan Bhuiyan Village- Maigra PSMaigra, Dist- Gaya ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Sudhir Kumar Sinha, Advocate For the State :
Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 08-01-2026 Heard Mr. Sudhir Kumar Sinha, learned counsel for the petitioners and Mr. Anil Kumar, learned APP for the State.
2. The petitioners are apprehending their arrest in connection with Maigra P.S. Case No. 35 of 2025, F.I.R. dated 18.05.2025 registered for the offences punishable under Sections 126(2), 115(2), 303(2), 74, 117(2), 351(2), 352, 109, 3(5) of the B.N.S., 2023.
3. Allegation against the petitioners is that they have assaulted to the brother-in-law of the informant and husband of the informant due to which they sustained injuries.
4. Learned counsel for the petitioners submits that the petitioner nos. 1 and 3 having clean antecedents and petitioner no.
Patna High Court CR. MISC. No.87341 of 2025(2) dt.08-01-2026 2/3 2 carries one more case other than the present one but he is on bail in the pending matters. He further submits that there is case and counter case between the parties and it appears from the F.I.R. itself that due to admitted land dispute the present occurrence had taken place and there is specific allegation against the petitioners that they have assaulted to the brother-in-law of the informant and husband of the informant and they have received injuries in hand and leg which is not the vital part of the body.
5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioners.
6. Considering the aforesaid facts that there is case and counter case between the parties and the injury inflicted upon the injured persons which is not on the vital part of the body, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Sherghati, Gaya in connection with Maigra P.S. Case No. 35 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/ Section 482(2) of BNSS, 2023 and with other following conditions :-
(1) Petitioners shall co-operate in the trial and shall be
Patna High Court CR. MISC. No.87341 of 2025(2) dt.08-01-2026 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 their absence on two consecutive dates without sufficient reason, their bail bonds shall be cancelled by the Court below.
(2) If the petitioners tamper with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.
(3) And, further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage, it is found that the petitioners have concealed their criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioners. 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) Ibrar//- U T