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Patna High Court

Ramkumar ChaudhrayversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that bail should be granted as the injury was simple, no major vessel was injured, and the petitioner had been in pre‑trial detention for an extended period.

Summary

The petitioner, Ramkumar Chaudhary, applied for bail in a case registered under multiple sections of the B.N.S. for allegedly assaulting an informant with a sharp cutting weapon, causing a horizontal incised wound on the neck. The prosecution alleged that the assault amounted to an attempt to murder, citing the seriousness of the injury and the petitioner’s prior criminal antecedent. The petitioner’s counsel argued that the injury was simple, there was no major vessel damage, only a single blow was inflicted, and the petitioner had been in judicial custody since November 2025. The State’s counsel opposed bail, emphasizing the severity of the offence and the petitioner’s antecedent. After considering the medical report, the nature of the wound, the length of pre‑trial detention, and the lack of aggravating factors, the court decided to grant bail on condition of a bond and sureties. The order directed the petitioner to be released on bail upon furnishing a Rs.10,000 bond with two sureties of equal amount.

Issues considered

  • Whether bail should be granted in a case involving assault with a sharp weapon under sections 324(2), 126(2), 115(2), 352, 118(1), 109 and 3(5) of the B.N.S.
  • Whether the nature and extent of the injury (simple incised wound without major vessel damage) justify bail.
  • Whether the petitioner’s prior criminal antecedent precludes the grant of bail.

Legislation cited

  • B.N.S. — s. 109, 115(2), 118(1), 126(2), 324(2), 3(5), 352

Subjects

  • bail
  • assault
  • injury
  • judicial custody
  • criminal antecedent
  • section 324
  • section 352

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14527 of 2026
                     Arising Out of PS. Case No.-16 Year-2025 Thana- HATHAURI District- Samastipur
                 ======================================================
                 Ramkumar Chaudhary, Son of Late Kanteer Chaudhary @ Late Bantir
                 Chaudhary, R/o – Ballipur (Hathauri), P.S. - Hathauri, District - Samastipur,
                 Bihar.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Vinay Kumar Mishra, Advocate
                 For the Opposite Party/s :       Mr.Chandra Bhushan Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   02-04-2026                  Heard learned counsel for the petitioner, learned APP

                   for the State and learned counsel for the informant.

                                2. The petitioner has prayed for bail in connection

                   with Hathauri P.S. Case No. 16 of 2025 registered for the

                   offence punishable under Sections 324(2), 126(2), 115(2), 352,

                   118(1), 109 and 3(5) of B.N.S.

                                3. The case of the prosecution, in short, is that the

                   petitioner has assaulted with daab, a sharp cutting weapon to the

                   informant which hit his neck.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this

                   case. The only allegation against him is that of assaulting the

                   informant with a sharp cutting weapon. It has further been
Patna High Court CR. MISC. No.14527 of 2026(3) dt.02-04-2026
                                            2/3




          submitted that there is no repetition of blow. One single blow

          has been given by the petitioner. From perusal of the order of

          the learned trial court, it is clear that following injuries were

          found on the person of the informant which is horizontal incised

          wound measuring approx 12 cm x 1.5 cm x muscle deep present

          over nape of neck extending from approx 4 cm behind right ear

          to approx 5 cm below and 1 cm behind left ear. No major vessel

          injury noted. The doctor has opined that the nature of injuries is

          simple. Moreover, the petitioner is languishing in judicial

          custody since 10.11.2025.

                       5. Learned APP appearing for the State and learned

          counsel for the informant have vehemently opposed the

          application for bail. Learned counsel has stated that the

          petitioner has attempted to murder the informant and has

          assaulted with daab on the neck and the petitioner is having

          criminal antecedent of one case.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this Court is

          inclined to enlarge the petitioner on bail. The above named

          petitioner is directed to be enlarged on bail on furnishing bail

          bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

          of the like amount each to the satisfaction of the learned Judicial
             Patna High Court CR. MISC. No.14527 of 2026(3) dt.02-04-2026
                                                         3/3




                       Magistrate 1st Class, Rosera, Samastipur in connection with

                       Hathauri P.S. Case No. 16 of 2025.


                                                 (Ashok Kumar Pandey, J)

lata/-
U        T


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