Patna High Court
RAUSHAN KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The High Court held that bail should be granted to the petitioner.
Summary
Raushan Kumar was arrested in connection with a case (Chakia P.S. Case No. 424 of 2025) alleging that he and co‑accused assaulted the son and daughter of an informant with an iron rod, intending to kill them, under sections 126(2), 115(2), 109, 352, 351(2), 303(2) and 3(5) of the BNS, 2023. The petitioner claimed he was falsely implicated due to village politics, that the injuries were simple, and that he had a clean antecedent. The State opposed his bail. The High Court examined the FIR, the injury report, the four‑day delay in forwarding the FIR, and the petitioner’s clean record, and found no compelling reason to keep him in custody. Consequently, the Court granted bail, directing release upon furnishing a bond of Rs 10,000 with two sureties. The order was pronounced by Justice Ramesh Chand Malviya.
Issues considered
- Whether bail should be granted to an accused charged with offences under sections 126(2), 115(2), 109, 352, 351(2), 303(2) and 3(5) of the BNS, 2023.
- Whether the nature and severity of the injuries and the petitioner’s clean antecedent justify the grant of bail.
- Whether the delay in filing the FIR (four days) impacts the bail decision.
Legislation cited
- BNS, 2023 — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2), 352
Subjects
- bail
- assault
- criminal procedure
- BNS 2023
- injury report
- political victimisation
- clean antecedent
- East Champaran
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.262 of 2026
Arising Out of PS. Case No.-424 Year-2025 Thana- CHAKIA District- East Champaran
======================================================
Raushan Kumar, Gender-Male, aged about 22 years, Son of Baskit
Chaurasiya @ Baskit Bhagat, Resident of village - Nagar Parishad, Chakia,
Ward No. 22, Hindu Chakia, P.S.- Chakia, District- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Suraj Kumar Tiwari, Advocate
Mr. Akshay Tripathi, Advocate
For the Opposite Party/s : Mr. Tapeshwar Sharma
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Chakia
P.S. Case No. 424 of 2025 instituted for the offences punishable
under Sections 126(2), 115(2), 109, 352, 351(2), 303(2) and 3(5)
of the BNS, 2023.
3. As per allegation in the FIR, all the accused persons
including the present petitioner assaulted over the head of the
son and daughter of the informant by means of iron rod with an
intention to kill him.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence and has
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falsely been implicated in this case merely on the basis of
village politics. He submits that the FIR was registered on
24.07.2025 and the same was sent to the Court on 28.07.2025
after a delay of more than four days without any plausible
explanation. He further submits that the petitioner’s side and the
informant’s side are co-villagers and there was petty dispute
between the parties. He next submits that three persons were
injured and from perusal of the injury report, it appears that the
injury sustained by all the injured are found to be simple in
nature. Petitioner has got clean antecedent as stated in para 3 of
the petition is in custody since 23.10.2025.
5. Learned APP for the State opposes the prayer for
bail of the petitioner.
6. From perusal of the FIR, injury report and
impugned order of the learned District and Additional Sessions
Judge-5, East Champaran, Motihari dated 06.12.2025, it appears
that petitioner is named in the FIR. From perusal of the records,
it appears that on the basis of written report of the informant
namely Dilip Sharma, FIR has been registered under Sections
126(2), 115(2), 109, 352, 351(2), 303(2) and 3(5) of the BNS,
2023 against eight co-accused persons including the present
petitioner and the allegation against the petitioner is that he
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assaulted the son and daughter of the informant with an
intention to kill them. From perusal of the injury report of the
injured, which is produced by the learned counsel for the
petitioner, it also appears that the allegation against the
petitioner with two other co-accused that they assaulted by iron
rod on the head of the son and daughter of the informant Karan
Sharma, Raushni Kumari and Nikhil Kumar. From perusal of
the injury report, it appears that there are multiple injuries found
on the body of the informant’s son and daughter i.e., lacerated
wound skin deep over the left and right parietal region and no
repeated blow has been found on the vital part of the body of the
injured and the other injury which has been found on the body
of the injured is non-vital part, petitioner has got clean
antecedent as stated in para 3 of the petition is in custody since
23.10.2025, so considering all these aspects of the case and
submission of learned counsel for the petitioner, I am inclined to
grant bail to the petitioner.
7. Accordingly the prayer for bail of the petitioner is
allowed. Let the petitioner above named be released on bail on
furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Judicial Magistrate-1st, Class, East Champaran, Motihari in
Patna High Court CR. MISC. No.262 of 2026(2) dt.15-01-2026
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connection with Chakia P.S. Case No. 424 of 2025.
(Ramesh Chand Malviya, J)
Anand Kr.
U T
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