Patna High Court
Raushan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court inclined to grant bail to the petitioners subject to bond, surety and compliance conditions.
Summary
The petitioners, Raushan Kumar, Sanjay Bind and Niranjan Bind, applied for bail in a case (Nagarnausa P.S. Case No. 305 of 2025) alleging offences under several sections of the Bharatiya Nyaya Sanhita, 2023, including assault and rioting. The prosecution alleges that the petitioners attacked an informant and his family with lathi and danda, causing injuries. The petitioners contend they are innocent, that no incriminating material was found, and that the allegations are vague; they also claim the case is a counter‑case to another matter filed by one of them. Two petitioners have no prior record, while the third has one antecedent but is already on bail. After considering the nature of the allegations, the counter‑case context, and the period of custody since 15‑12‑2025, the Court decided to grant bail subject to bond and surety conditions.
Issues considered
- Whether bail should be granted to the petitioners despite the serious nature of the offences alleged under the Bharatiya Nyaya Sanhita, 2023.
- Whether the lack of incriminating material and the claim of a counter‑case affect the bail decision.
- Whether the period of custody already served justifies release on bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 117(2), 118(2), 126(2), 351(2), 352
Subjects
- bail
- criminal procedure
- assault
- counter case
- Bharatiya Nyaya Sanhita
- surety
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10931 of 2026
Arising Out of PS. Case No.-305 Year-2025 Thana- NAGARNAUSA District- Nalanda
======================================================
1. Raushan Kumar S/O Niranjan Bind R/O Ahiyatpur, P.s.- Nagarnausa,
District- Nalanda
2. Sanjay Bind S/O Bali Bind R/O Ahiyatpur, P.s.- Nagarnausa, District-
Nalanda
3. Niranjan Bind S/O Bali Bind R/O Ahiyatpur, P.s.- Nagarnausa, District-
Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mithilesh Kumar, Advocate
For the Opposite Party/s : Mr. Kalyan Shankar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 10-03-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek bail in connection with
Nagarnausa P.S. Case No. 305 of 2025, instituted for the
offences punishable under Sections 126(2), 115(2), 117(2),
118(2), 109(1), 352 and 351(2) of the Bharatiya Nyaya Sanhita,
2023.
3. The prosecution case, in short, is that the petitioners
went to the house of the informant, abused and assaulted him
along with his family members by means of lathi and danda due
to which they sustained injuries.
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4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in the
present case. No incriminating material have been recovered
from the conscious possession of the petitioners. Learned
counsel for the petitioners also submitted that the allegation
levelled against the petitioners are general and omnibus in
nature. It is next submitted that the injuries sustained by the
injured are simple in nature. It is further submitted that the
present case is the counter case of Nagarnausa P.S. Case No.
304 of 2025 filed by petitioner no. 3 against the informant and
others. The petitioners are in custody since 15.12.2025.
Petitioners no. 1 and 2 have got no criminal antecedent whereas
petitioner no. 3 has got one criminal antecedent in which he is
on bail.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances
of the case, case and counter case between the parties and taking
into account the period of custody undergone by the petitioners,
this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with
Patna High Court CR. MISC. No.10931 of 2026(2) dt.10-03-2026
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two sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Nagarnausa P.S.
Case No. 305 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioners.
(II) The petitioners shall appear on each and every
date fixed at the trial. In case of default in such appearance on
two consecutive dates, the Trial Court will have liberty to cancel
the bail bonds of the petitioners.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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