Patna High Court
Ramkumar ChaudhrayversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
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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
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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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