Patna High Court
Ranjit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail may be granted where the injury, though grievous, is not to a vital part of the body, provided the petitioner complies with prescribed conditions.
Summary
The petitioner, Ranjit Kumar, was arrested on 29 November 2025 in connection with an assault case (FIR dated 28 November 2025) alleging that he attacked the brother of an informant with a lathi, causing a grievous hand injury and a simple head injury. He pleaded innocence, claiming the FIR was fabricated, and sought bail. The State opposed bail, noting the petitioner had another pending case. The court considered that the grievous injury was to a non‑vital part of the body and that the petitioner was not a flight risk, and therefore granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of criminal antecedents. The bail order was directed to be implemented without delay for verification purposes.
Issues considered
- Whether the petitioner is entitled to bail despite the alleged grievous injury inflicted on the victim.
- Whether the existence of another pending case against the petitioner precludes bail.
- Whether the nature and location of the injury justify denial of bail.
Legislation cited
- B.N.S., 2023 — s. 109(1), 115(2), 126(2), 303(2), 3(5), 352
Subjects
- bail
- criminal procedure
- assault
- grievous injury
- conditions of bail
- verification of antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15278 of 2026
Arising Out of PS. Case No.-114 Year-2025 Thana- Shahartelpa P.S. District- Arwal
======================================================
Ranjit Kumar Son of Butan Bind R/o Village - Shahar Telpa, P.S. - Shahar
Telpa, Dist. - Arwal.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Ranjay Kumar Singh, Advocate
For the State : Mr. Kumar Ranjit Ranjan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 11-03-2026 Heard Mr. Ranjay Kumar Singh, learned counsel for
the petitioner and Mr. Kumar Ranjit Ranjan, learned APP for the
State.
2. Petitioner seeks bail, who is in custody since
29.11.2025, in connection with Shahar Telpa P.S. Case No. 114
of 2025, F.I.R. dated 28.11.2025 registered for the offences
punishable under Sections 126(2), 115(2), 109(1), 303(2), 352,
3(5) of the B.N.S., 2023.
3. Allegation against the petitioner is that he has
assaulted to the brother of the informant by means of lathi due
to which he sustained injuries.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
present case. He further submits that the allegation as alleged in
Patna High Court CR. MISC. No.15278 of 2026(2) dt.11-03-2026
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the F.I.R. is false and fabricated and the petitioner has not
committed any offence as alleged in the F.I.R. As per allegation
in the F.I.R., the petitioner has assaulted to the brother of the
informant by means of lathi and he has received injuries.
Although he has received two injuries, one injury is on hand and
another injury is on the head, one injury which is grievous in
nature due to fracture in hand and another injury which is on the
head is simple in nature. He further submits that the police after
investigation submitted chargesheet against the petitioner and
the petitioner is in custody since 29.11.2025.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner and submits that the petitioner carries one more case
other than the present one.
6. Considering the facts and circumstances of the case
and the fact that the injury inflicted upon the injured person is
grievous in nature but the same is on hand which is not on the
vital part of the body, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs. 10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of learned District & Sessions Judge-I, Arwal in
connection with Shahar Telpa P.S. Case No. 114 of 2025,
Patna High Court CR. MISC. No.15278 of 2026(2) dt.11-03-2026
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subject to the following conditions :-
(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
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