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Patna High Court

Lakshmi KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioner.

Summary

Lakshmi Kumar was arrested in connection with an assault on the husband of an informant, allegedly using a kundal, resulting in grievous injuries. The prosecution charged him under multiple sections of the B.N.S. The petitioner claimed innocence, alleging the case was fabricated due to village politics, and had been in custody since 6 October 2025. The State opposed bail, but the court, after considering the facts, the nature of the offence, and the period of detention, decided to grant regular bail. The court ordered the petitioner to be released on a bail bond of Rs.10,000 with two sureties of the same amount. The order was pronounced by Justice Prabhat Kumar Singh.

Issues considered

  • What is the appropriateness of granting regular bail to the petitioner under the charged offences?

Legislation cited

  • B.N.S. — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352

Subjects

  • bail
  • criminal procedure
  • assault
  • grievous injury
  • false case
  • section 126
  • section 115
  • section 118
  • section 109
  • section 303
  • section 351
  • section 352
  • section 3

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14371 of 2026
                        Arising Out of PS. Case No.-396 Year-2024 Thana- RIGA District- Sitamarhi
                 ======================================================
                 Lakshmi Kumar S/o Ram Daresh Rai R/o Village - Narsama, Ward No. 10,
                 P.S - Riga, District - Sitamarhi

                                                                                    ... ... Petitioner/s
                                                        Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner       :        Ms. Rubi Kumari, Advocate
                 For the State            :        Mr. Sanjay Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   10-04-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. Petitioner seeks regular bail in a case registered for

                   the offence punishable under Sections 126(2), 115(2), 118(1),

                   109, 303(2), 351(2), 352 and 3(5) of the B.N.S..

                                3. As per prosecution case, this petitioner is alleged to

                   have assaulted on the head of husband of informant, namely

                   Kumod Rai, with kundal. Doctor has found the injury grievous

                   in nature.

                                4. Learned counsel appearing for the petitioner

                   submits that petitioner is quite innocent and has committed no

                   offence. As a matter of fact, both parties are co-villagers and due

                   village politics, this false and concocted case has been lodged.
             Patna High Court CR. MISC. No.14371 of 2026(2) dt.10-04-2026
                                                         2/2




                       Moreover, charge-sheet has already been submitted and

                       petitioner is in custody since 06.10.2025.

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

                       opposed the prayer for bail to the petitioner.

                                    6. Considering the facts and circumstances of the case

                       and period of custody, the prayer for grant of bail to the

                       petitioner is allowed.

                                    7. Accordingly, let the petitioner, mentioned above, 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 A.C.J.M.-VI, Sitamarhi in connection

                       with Riga P.S. Case No. 396 of 2024.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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