Patna High Court
Rohit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The court held that, given the petitioner’s lack of prior criminal record, the filing of the charge‑sheet, and the absence of any intention to kill, bail could be granted on a reasonable bond.
Summary
Rohit Kumar was arrested in connection with an assault on Ravindra Das, alleged to have been committed with a khanti, and charged under several sections of the Bharatiya Nyaya Sanhita, 2023. The petitioner claimed innocence, arguing that the case was a result of a private dispute and that he had no prior criminal record, while noting that a co‑accused had already been granted bail. The State opposed bail, contending the seriousness of the offences. The court examined the facts, the charge‑sheet filing, the absence of any intention to kill, and the petitioner’s clean record, and concluded that bail was appropriate. Accordingly, the court ordered the petitioner’s release on bail with a bond of Rs 10,000 and two sureties of the same amount.
Issues considered
- Whether the petitioner is entitled to bail under the Bharatiya Nyaya Sanhita for the offences alleged
- Whether the nature of the alleged assault and the petitioner’s personal circumstances justify denial of bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352, 75
Subjects
- bail
- criminal procedure
- assault
- Bharatiya Nyaya Sanhita
- charge sheet
- surety
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14718 of 2026
Arising Out of PS. Case No.-239 Year-2025 Thana- CHAKIA District- East Champaran
======================================================
Rohit Kumar, S/o Chhote Lal Sah, R/o - Phulwariya, P.S- Chakia, Dist- East
Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Shankar Shrivastava, Adv.
For the Opposite Party/s : Mr. Yogendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 12-03-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner seeks bail in connection with Chakia
P.S. Case No. 239 of 2025 dated 15.05.2025 registered for the
offence punishable under Sections 126(2), 115(2), 118(1), 109, 75,
303(2), 351(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita,
2023.
3. As per the F.I.R., specific allegation against the
petitioner is that he assaulted with khanti on the nose of Ravindra
Das due to which he sustained injury.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this case.
It is submitted that there is case and counter case between the
parties. The counter case has been lodged by Shatrudhan Sah
against the informant and his family members. The allegation
against the petitioner is that he assaulted with khanti on the nose of
the injured Ravindra Das. Further, it is submitted that there is no
Patna High Court CR. MISC. No.14718 of 2026(2) dt.12-03-2026
2/2
allegation of repetition of assault by the petitioner and there was
no intention to kill the informant. Both the sides are next door
neighbours. Further submission is that one of the co-accused,
namely, Deepak Kumar has been granted bail vide order dated
15.01.2026 passed in Criminal Miscellaneous No. 92002 of 2025
by this Court. The petitioner is in custody since 06.12.2025,
having no criminal antecedent and charge-sheet has been
submitted in the case.
5. Learned A.P.P for the State opposes the prayer for
bail of the petitioner.
6. Having considered the facts and circumstances of the
case and submissions of learned counsel for the parties, let the
petitioner be released on bail upon furnishing bail bonds of Rs.
10,000/- (ten thousand) with two sureties of the like amount each
to the satisfaction of the learned C.J.M., East Champaran at
Motihari in connection with Chakia P.S. Case No. 239 of 2025.
(Khatim Reza, J)
prabhat/-
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