Patna High Court
Rajan KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner on condition of a Rs.10,000 bond with two sureties.
Summary
The petitioner, Rajan Kumar, applied for regular bail in a case registered under Sections 115(2), 118(1), 303(2), 109, 352, 351(2) and 3(5) of the B.N.S., alleging he assaulted Ankit Kumar with a knife. The prosecution contended that the petitioner inflicted a knife wound on the victim, while the petitioner’s counsel argued that the injury was minor, the victim did not seek further medical treatment, and the petitioner has no prior criminal record and has been in custody since 25‑09‑2025. The State opposed the bail application. After hearing both sides, the Court found the circumstances sufficient to grant bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties. The order was pronounced by Justice Ashok Kumar Pandey.
Issues considered
- Whether the petitioner is entitled to regular bail despite charges under multiple serious sections of the B.N.S. and his custodial status
Legislation cited
- B.N.S. — s. 109, 115(2), 118(1), 303(2), 3(5), 351(2), 352
Subjects
- regular bail
- assault with knife
- B.N.S.
- injury report
- criminal antecedent
- East Champaran
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16002 of 2026
Arising Out of PS. Case No.-63 Year-2025 Thana- Bijdhari District- East Champaran
======================================================
Rajan Kumar, Son of Lakhan Paswan @ Ram Lakhan Paswan, Resident of
village Tajpur, P.S.- Bijdhari, District - East Champaran, Motihari.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar, Advocate
For the Opposite Party/s : Mr. Nityanand, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 20-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Sections 115(2),
118(1), 303(2), 109, 352, 351(2) and 3(5) of the B.N.S.
3. The case of the prosecution, in short, is that the
petitioner has assaulted with knife to one Ankit Kumar.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. Learned counsel for the petitioner has submitted that from
perusal of the injury report it will transpire that the injured has
received following injuries; incised wound of size 4 cmx 1cm x
2cm right side axilla region. Patent was advised after treatment
Patna High Court CR. MISC. No.16002 of 2026(3) dt.20-04-2026
2/2
refer to Sadar Hospital Motihari for investigation, treatment and
expert opinion but report and plate not submitted till date. As
such, the nature of injury was kept reserved. It has further been
submitted that though there is allegation that petitioner has
assaulted on Ankit Kumar with knife but there is no repetition of
blow and the conduct of the injured that he has not gone for
follow up in Sadar Hospital shows that he is all well. Petitioner
is having no criminal antecedent and he is languishing in
judicial custody since 25.09.2025.
5. Learned APP appearing for the State has
vehemently opposed the application for bail.
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 learned C.J.M.,
Motihari, East Champaran in connection with Bijdhari P.S. Case
No. 63 of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
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