Patna High Court
Ravi Kant Kunwar @ ChulbulversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
Given the simple and superficial nature of the injuries and the doubtful allegations, bail was granted subject to conditions under Section 482(2) of the BNSS.
Summary
Petitioner Ravi Kant Kunwar was arrested in connection with a land‑dispute assault case (Jalalpur P.S. Case No. 251 of 2025) alleging offences under several sections of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the petitioner assaulted the informant with a dab, iron rod, lathi and danda, causing injuries. The petitioner’s counsel argued that the injury report showed only simple, superficial lacerations and no head injury, contending that the allegations were doubtful and the offences were bailable. The State opposed the bail application. Considering the nature of the injuries, the doubtful allegations, and the bailable character of the offences, the court ordered that the petitioner be released on bail upon furnishing a bond of Rs. 10,000 with two sureties and complying with conditions under Section 482(2) of the BNSS. The bail was to be granted if the petitioner surrenders within eight weeks and remains present as required.
Issues considered
- Whether the alleged offences under the Bharatiya Nyaya Sanhita constitute non‑bailable offences justifying denial of bail.
- Whether the nature and extent of injuries reported justify granting bail to the petitioner.
- Whether the petitioner poses a risk of fleeing or tampering with evidence warranting bail denial.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 303(2), 329(3), 3(5), 351(2), 352, 482(2)
Subjects
- bail
- criminal procedure
- assault
- Bharatiya Nyaya Sanhita
- injury report
- bailable offence
- Section 482
- superficial injuries
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14910 of 2026
Arising Out of PS. Case No.-251 Year-2025 Thana- JALALPUR District- Saran
======================================================
Ravi Kant Kunwar @ Chulbul Son of Ajay Kunwar Resident of Village -
Kishunpur, P.S.- Jalalpur, District - Saran at Chapra (Bihar).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Akhileshwar Pandey, Advocate
For the Opposite Party/s : Mr. Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 03-04-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
02. In the present case, the petitioner is apprehending
his arrest in connection with Jalalpur P.S. Case No. 251 of 2025
registered for the alleged offence under Sections 126(2), 115(2),
118(1), 329(3), 109, 303(2), 352, 351(2) r/w 3(5) of Bharatiya
Nyaya Sanhita, 2023.
03. As per prosecution case, petitioner and other co-
accused persons abused and assaulted the informant with dab,
iron rod, lathi and danda in the background of previous land
dispute of the parties.
04. Learned counsel for the petitioner submits that
petitioner is innocent and has been falsely implicated in this
case. The injury report falsifies the allegation of giving dab
Patna High Court CR. MISC. No.14910 of 2026(2) dt.03-04-2026
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blow to the informant or petitioner striking him with iron rod on
his head. The injury report shows a lacerated wound of size 1”x
¼” x 1/6” but the area where this injury has been caused has not
been mentioned. Second lacerated wound is on right side of
back of the ear of size ½” x 1/8” x 1/8”. Both the injuries are
simple in nature caused by hard and blunt object. Learned
counsel further submits that this shows there is no injury on the
head caused by the iron rod as alleged against the petitioner.
Similarly, injuries are quite simple or superficial. The informant
received these injuries in scuffle with petitioner and others and
no offence under Section 109 is made out against the petitioner
and other offences are bailable in nature. The petitioner is
having antecedent of one case in which the police has submitted
final form in favour of the petitioner.
05. Learned APP for the State opposes the submission
made on behalf of the petitioner.
06. Having regard to the facts and circumstances and
submission made on behalf of the parties and considering the
simple and superficial nature of injuries and further considering
the doubtful nature of allegation against the petitioner, let the
petitioner above named, in the event of his arrest or surrender
before the court concerned within a period of eight weeks from
Patna High Court CR. MISC. No.14910 of 2026(2) dt.03-04-2026
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today, be released on bail, on furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand Only) with two sureties of the
like amount each to the satisfaction of learned Judicial
Magistrate 1st Class, Saran at Chapra/court concerned in
connection with Jalalpur P.S. Case No. 251 of 2025, subject to
the condition laid down under Section 482(2) of BNSS and
other following conditions:
(i) One of the bailors will be a close relative of
the petitioner.
(ii) The petitioner will remain present on each
and every date fixed by the court below, if so
required by the learned trial court.
(Arun Kumar Jha, J)
Ashish/-
U T
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