Patna High Court

Raja KumarversusThe State of Bihar

Decided: 23 March 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail is granted to the petitioner subject to conditions.

Summary

The petitioner, Raja Kumar, was implicated in an assault case arising from a land dispute, with the prosecution alleging that he and others assaulted an informant and his son on 14 September 2024. The petitioner claimed innocence, asserting that both parties inflicted injuries on each other and that the injury report contradicted the prosecution's narrative, further emphasizing his clean antecedent. The State opposed the bail application, citing the seriousness of the offences listed under the Bharatiya Nyaya Sanhita. The court examined the nature of the accusations, the injury report, and the petitioner’s clean record, and concluded that anticipatory bail was appropriate. Consequently, the court ordered that the petitioner be released on bail upon surrender within eight weeks, subject to a bail bond and sureties, and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

Whether anticipatory bail should be granted to the petitioner despite the charges under Sections 190, 191(2), 191(3), 126(2), 115(2), 109, 352, and 351(2) of the Bharatiya Nyaya Sanhita.
Whether the injury report and the petitioner’s clean antecedent justify the grant of bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Bharatiya Nyaya Sanhita — s. 109, 115(2), 126(2), 190, 191(2), 191(3), 351(2), 352

Subjects

anticipatory bail
assault
clean antecedent
injury report
Bharatiya Nyaya Sanhita
Bharatiya Nagarik Suraksha Sanhita
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13757 of 2026
                      Arising Out of PS. Case No.-271 Year-2024 Thana- BARHARA District- Bhojpur
                 ======================================================
                 Raja Kumar Son of Anish Paswan Resident of Village- Mohanpur Karza, P.S.-
                 Barhara, District- Bhojpur at Ara

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shashank Shekhar, Advocate
                 For the Opposite Party/s :       Mr. Mithlesh Kumar Khare, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   23-03-2026                   Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in a case registered for

                   the offences punishable under Sections 190, 191(2), 191(3),

                   126(2), 115(2), 109, 352, 351(2) of the Bharatiya Nyaya

                   Sanhita.

                                3. Prosecution case, in brief, is that on 14.09.2024 at

                   about 9 PM, co-accused Anish Paswan intruded on the private

                   land of the informant and upon objection, all the F.I.R. named

                   accused persons, including this petitioner, assaulted informant

                   and when his son came to the rescue, he was also assaulted by

                   the accused persons.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence. As a matter

                   of fact, on account of dispute over possession of land,
            Patna High Court CR. MISC. No.13757 of 2026(2) dt.23-03-2026
                                                        2/2




                      altercation took place in which both sides inflicted injuries on

                      each other. Allegation of assault is general and omnibus. As per

                      F.I.R., though five persons are alleged to have assaulted

                      informant and his son but as per injury report, both of them

                      sustained only one injury each which itself falsifies the

                      prosecution story. Petitioner claims clean antecedent.

                                   5. Learned A.P.P. for the State vehemently opposed

                      the bail application.

                                   6. Considering backdrop of the case, nature of

                      accusation, injury report and clean antecedent, this anticipatory

                      bail is allowed and it is ordered that let the above named

                      petitioner in the event of his arrest/surrender before the court

                      below within a period of eight weeks from today, be enlarged on

                      bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with

                      two sureties of the like amount each to the satisfaction of

                      learned Chief Judicial Magistrate, Bhojpur at Ara in connection

                      with Barhara P. S. Case No. 271 of 2024, subject to condition as

                      laid down under Section 482(2) of the Bharatiya Nagarik

                      Suraksha Sanhita, 2023.



                                            (Prabhat Kumar Singh, J)
Navya/-
U       T

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