Patna High Court
Kameshwar RaiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner, directing him to furnish a bail bond of Rs.10,000 with two sureties.
Summary
The petitioner, Kameshwar Rai, applied for bail in a case registered as Sonepur P.S. Case No.943 of 2025, which alleged his involvement in an assault on an informant. The prosecution alleged that the petitioner assaulted the informant with an iron rod, while co‑accused used a pistol, and the charges were under Sections 126(2), 115(2), 109, 352 and 351(2) read with Section 3(5) of the BNS. The petitioner’s counsel argued that the injury report showed only a minor injury and that the allegations did not correspond with the medical findings, and noted that the petitioner had been in judicial custody since 23‑01‑2026. The informant’s counsel opposed bail, highlighting the petitioner’s four prior criminal cases. After hearing both sides, the court considered the nature of the injury, the lack of clear correlation between the report and the allegations, and the petitioner’s custody status. The court decided to enlarge the petitioner on bail, subject to a bond of Rs.10,000 with two sureties of equal amount. The order was directed to be implemented by the Chief Judicial Magistrate, Saran, at Chapra.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences alleged under the IPC and BNS.
- Whether the petitioner’s prior criminal antecedents justify denial of bail.
Legislation cited
- BNS — s. 3(5)
- Indian Penal Code — s. 109, 115(2), 126(2), 351(2), 352
Subjects
- bail
- assault
- Indian Penal Code
- BNS
- judicial custody
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14766 of 2026
Arising Out of PS. Case No.-943 Year-2025 Thana- SONEPUR District- Saran
======================================================
Kameshwar Rai Son of Sudharshan Rai Resident of Village - Kalyanpur, P.O -
Baijalpur, P.S.- Sonepur, District - Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raja Ram Mishra, Advocate
For the Opposite Party/s : Mr. Madan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 15-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection with
Sonepur P.S. Case No.943 of 2025 registered for the offence
punishable under Sections 126(2), 115(2), 109, 352 & 351(2) read
with Section 3(5) of the BNS.
3. The case of the prosecution, in short, is that the
petitioner along with others has assaulted the informant while he
was returning from Sonepur. It is alleged that Deepak and Neeraj
assaulted with butt of the country made pistol and the allegation
against the petitioner is that he has assaulted with iron rod on the
head of the informant.
4. Learned counsel appearing on behalf of the petitioner
has submitted that from perusal of the injury report it will
transpire that the informant has received only one injury and the
Patna High Court CR. MISC. No.14766 of 2026(3) dt.15-04-2026
2/2
nature of which is simple. It has further been submitted by the
learned counsel for the petitioner that the allegations and injury
report does not co-relate. Learned counsel for the petitioner has
further submitted that the petitioner is in judicial custody since
23.01.2026.
5. The application for bail is opposed by learned
counsel for the Informant and he has submitted that the petitioner
is having criminal antecedent of four cases.
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 court of learned
CJM, Saran at Chapra in connection with Sonepur P.S. Case
No.943 of 2025.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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