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Patna High Court

Aditya KumarversusThe State Of Bihar

Decided
Disposal
BAIL GRANTED

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

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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