Patna High Court
Rajan Kumar @ Rajan GondversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- PURNENDU SINGH
Holding
The court granted pre‑arrest bail to petitioner no.2 (Mokhtar Gond) but refused bail to petitioner no.1 (Rajan Kumar).
Summary
Petitioners Rajan Kumar and Mokhtar Gond were charged under several sections of the Bihar Negotiable Statutes (BNS) for assaulting an informant and his family. They applied for pre‑arrest bail, claiming clean antecedents and that the injuries caused were simple. The State opposed the bail. The court examined the FIR and found that while Mokhtar Gond faced only a general allegation, Rajan Kumar was alleged to have inflicted a scalp‑deep injury with a bamboo stick, a serious harm. Accordingly, the court granted pre‑arrest bail to Mokhtar Gond subject to a bond, sureties and verification of his criminal antecedent, but denied bail to Rajan Kumar. The bail application was disposed with these orders.
Issues considered
- Whether pre‑arrest bail should be granted to the accused under Section 482(2) of the BNSS of 2023 given the nature of the alleged assault.
- Whether the seriousness of the injury (scalp‑deep) justifies denial of bail to petitioner no.1.
Legislation cited
- Bihar Negotiable Statutes (BNS) — s. 109(1), 115(2), 126(2), 303(2), 3(5), 351(2), 352
Subjects
- pre‑arrest bail
- assault
- bamboo injury
- Section 482
- bail conditions
- criminal antecedent
- general allegation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15044 of 2026
Arising Out of PS. Case No.-135 Year-2025 Thana- ASANWA District- Siwan
======================================================
1. Rajan Kumar @ Rajan Gond Son of Mokhtar Gond @ Mukhtar Gond
2. Mokhtar Gond @ Mukhtar Gond Son of Radhamohan Gond
Both are resident of Village - Majhwalia, PS -Asawan, District - Siwan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar, Advocate
For the Opposite Party/s : Mr.Anand Kishore Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 25-03-2026 Heard learned counsel appearing on behalf of the
petitioners and the learned APP for the State.
2. Petitioners seek pre-arrest bail in connection with
Asawan P.S.Case No.135 of 2025, registered for the offences
punishable under Sections 126(2), 115(2), 109(1), 303(2), 352,
351(2) and 3(5) of BNS.
3. As per the allegation made in the FIR, all the
accused persons including the petitioners assaulted the
informant and his family members, causing injuries to them.
4. Learned counsel appearing on behalf of the
petitioners submitted that the specific allegation against the
petitioner no.1 (Rajan Kumar @ Rajan Gond) is that he
assaulted by means of ‘bamboo’ on the head of the informant,
Patna High Court CR. MISC. No.15044 of 2026(2) dt.25-03-2026
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who sustained injuries but the injuries are simple in nature. So
far as petitioner no.2 (Mokhtar Gond @ Mukhtar Gond ) is
concerned, general and omnibus allegation has been levelled
against him that he had participated in the alleged commission
of the crime. Petitioners have clean antecedent. Learned counsel
further submitted that both the parties are of same village and
the dispute between them is from earlier. On the above
backgrounds of the case, the petitioners seek to be released on
pre-arrest bail.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail to the petitioners.
6. Having considered the rival submissions made on
behalf of the parties, as well as, having perused the the FIR, I
find that general and omnibus allegation has been levelled
against the petitioner no.2 (Mokhtar Gond @ Mukhtar Gond ),
who is directed to be released on pre-arrest bail in the event of
his arrest or surrender before the learned district court within a
period of four weeks from today, on furnishing bail bond of
Rs.10,000/- (Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned ACJM III,
Siwan/concerned court, in connection with Asawan PS Case
No.135 of 2025, subject to conditions as laid down under
Patna High Court CR. MISC. No.15044 of 2026(2) dt.25-03-2026
3/3
Section 482(2) of BNSS of 2023
7. The learned district court is directed to verify the
criminal antecedent of the petitioner no.2 and if it is found that
the petitioner is involved in some other cases as what has been
stated in paragraph No.3 of the bail application, this order will
automatically lose its force.
8. So far as petitioner no.1 (Rajan Kumar @ Rajan
Gond) is concerned, he had assaulted on the head of the
informant by means of bamboo, causing him injuries and the
said injury as per the opinion of the Doctor is scalp deep injuries
and it is on the vital part of the body. I am not inclined to
enlarge the petitioner no.1 on pre-arrest bail.
9. The present bail application is accordingly disposed
of.
(Purnendu Singh, J)
chn/-
U T
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