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Patna High Court

Rajan Kumar @ Rajan GondversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

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

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
                                            2/3




          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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