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Patna High Court

Bipin KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
           Patna High Court CR. MISC. No.16390 of 2026(2) dt.06-04-2026
                                                       3/3




                     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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