Patna High Court
Bipin KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court held that bail should be granted to the petitioner subject to the conditions prescribed under Section 482(2) of the BNSS.
Summary
Bipin Kumar sought relief from arrest in a case (Bibhutipur P.S. Case No. 413 of 2025) alleging offences under several sections of the Bharatiya Nyaya Sanhita, 2023, including assault with a sharp weapon. The prosecution alleged that the petitioner and co‑accused assaulted the informant’s mother, causing a head injury and a thumb wound. The petitioner contended he was falsely implicated, noting that the medical report showed only a minor scalp swelling and a small laceration, with no serious brain injury, and that the specific assault allegation pertained mainly to other co‑accused. The court examined the non‑serious nature of the alleged injury and the possibility of false accusation. Accordingly, the court ordered that the petitioner be released on bail upon furnishing a bond of Rs. 10,000 with two sureties and compliance with conditions under Section 482(2) of the BNSS. The bail order was conditioned on the petitioner’s presence in court as required.
Issues considered
- Whether bail should be granted to the petitioner despite charges under Sections 329(4), 126(2), 115(2), 74, 109(1), 351(2), 352, 303(2) r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023.
- Whether the alleged assault on the informant’s mother constitutes a serious offence warranting denial of bail.
- Whether there is a likelihood of false accusation that justifies bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 126(2), 303(2) r/w 3(5), 329(4), 351(2), 352, 482(2), 74
Subjects
- bail
- false accusation
- assault
- sharp weapon
- Bharatiya Nyaya Sanhita
- Section 482
- non‑serious offence
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16390 of 2026
Arising Out of PS. Case No.-413 Year-2025 Thana- BIBHUTIPUR District- Samastipur
======================================================
Bipin Kumar Son of Suresh Mahto Resident of Village- Alampur Dih, Ward
No. 13, P.S.- Bibhutipur, District- Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashank Shekhar Kunwar, Advocate
For the Opposite Party/s : Mr. Manoj Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 06-04-2026 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 Bibhutipur P.S. Case No. 413 of
2025 registered for the alleged offence under Sections 329(4),
126(2), 115(2), 74, 109(1), 351(2), 352, 303(2) r/w 3(5) of
Bharatiya Nyaya Sanhita, 2023.
03. As per prosecution case, petitioner and other co-
accused persons came to the doors of the informant and
assaulted the informant, his wife and also his mother. Allegation
against the petitioner and co-accused Vikash Kumar is of
assaulting the mother of the informant with sharp weapon
causing injury in her head and the right thumb.
04. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.16390 of 2026(2) dt.06-04-2026
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petitioner is innocent and has been falsely implicated in this
case. The allegation against the petitioner and other co-accused
persons is of abusing the informant and allegation of assault on
the informant is specific against co-accused Suresh Mahto,
Sunita Devi and Kamaljeet Kumar. The specific allegation
against this petitioner and co-accused Vikash Kumar is of giving
sharp weapon blow to the mother of the informant but the injury
report of the mother of the informant shows a lacerated wound
of size 1”x ½”x ¼” on right hand (thumb). Though there is
complaint of swelling of left frontal head, only an extra cranial
scalp swelling was seen in the left frontal region and no
significant abnormality was observed in brain parenchyma. This
falsifies the allegation against the petitioner and co-accused
Vikash Kumar that they assaulted the mother of the informant
with sharp weapon. There is no other allegation against this
petitioner. The petitioner is having clean antecedent.
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
non serious nature of allegation against the petitioner and also
considering the possibility of false accusation, let the petitioner
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above named, in the event of his arrest or surrender before the
court concerned within a period of eight weeks from 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 Sub Divisional
Judicial Magistrate, Rosera, Samastipur/court concerned in
connection with Bibhutipur P.S. Case No. 413 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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