Patna High Court
Aditya KumarversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail is warranted under section 482(2) of the BNS given the simple nature of injuries and the petitioners’ clean antecedent.
Summary
The petitioners, Aditya Kumar, Rohit Kumar and Asha Devi, filed a bail petition fearing arrest in a case registered under sections 126(2), 115(2), 109, 303(2), 352, 351(2) and 3(5) of the Bharatiya Nagarik Suraksha Sanhita (BNS). The FIR alleged that the petitioners assaulted an informant with a sword and also assaulted the informant’s father and sister, causing only simple injuries. The petitioners asserted a clean antecedent and contended that the allegations were exaggerated. The State opposed the bail. The Court, after considering the nature of the injuries, the petitioners’ clean record and other circumstances, ordered bail on a bond of Rs.10,000 with two sureties each, subject to conditions under section 482(2) of the BNS.
Issues considered
- What is the appropriate decision on the bail petition in view of the alleged offences and the petitioners’ antecedents?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2), 352, 482(2)
Subjects
- bail
- assault
- criminal procedure
- clean antecedent
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67 of 2026
Arising Out of PS. Case No.-585 Year-2025 Thana- MADHAURAH District- Saran
======================================================
1 . Aditya Kumar S/O Dharmendra Rai R/O Vill.- Bhaluhi, P.S.- Madhaura,
Dist.- Saran at Chapra
2. Rohit Kumar S/O Dharmendra Rai R/O Vill.- Bhagwan Bazar, P.S.- Chapra
Town, Dist.- Saran at Chapra
3. Asha Devi W/O Dharmendra Rai R/O Vill.- Bhaluhi, P.S.- Madhaura, Dist.-
Saran at Chapra
... ... Petitioner/s
Versus
The State Of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Kumar Yadav, Advocate
For the Opposite Party/s : Mr. Sangeeta Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 20-01-2026 Heard learned counsel for the petitioners and
the State .
2. Petitioners apprehend his arrest in a case registered
for the offence punishable under sections 126 ( 2 ), 115 ( 2 ),
109, 303 ( 2 ), 352, 351 ( 2 ) and 3 (5) of BNS.
3 . As per F.I.R. informant alleged that on
12.08.2025 , petitioner No. 1 and petitioner No. 2 assaulted
informant by means of sword, petitioner No. 3 and other co-
accused persons assaulted father and sister of informant due to
which they sustained injuries. Case and counter case . Injuries
sustained by the injured ar simple in nature . Rest of the
Patna High Court CR. MISC. No.67 of 2026(2) dt.20-01-2026
2/2
allegations are ornamental in nature to make the case grave .
Petitioners claim clean antecedent.
4. Learned counsel for the State opposed the bail
petition .
5 . Considering the aforesaid facts, nature of injury ,
clean antecedent of these petitioners and other circumstances
of the case , in the event of arrest or surrender within eight
weeks from today, let the petitioner, as named above , be
enlarged on bail on furnishing bail bond of Rs.10,000/-(ten
thousand) each with two sureties of the like amount each to the
satisfaction of the learned CJM Saran at Chapra in connection
with Madhaura P.S. Case No. 585 of 2025 , subject to the
conditions laid down under section 482(2) of the Bharatiya
Nagarik Suraksha Sanhita , 2023 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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