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Patna High Court

Rahul Kumar @ Rahul YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court held that bail should be granted, subject to conditions, as the injury is simple and the petitioner has a fair antecedent.

Summary

Petitioner Rahul Kumar applied for pre‑arrest bail in connection with PS Bahoranpur Case No. 105 of 2025, which alleged offences under several sections of the Bhartiya Nyaya Sanhita, 2023, including assault with a lathi causing a head injury and theft of a golden jitiya worth Rs 25,000. The petitioner contended that the injury was simple, he has a fair antecedent, and the dispute arose from a minor neighbour scuffle. The State opposed bail, arguing the nature of the assault indicated the petitioner’s complicity. The Court, after considering the submissions and the nature of the injury, granted bail subject to a bond of Rs 10,000 with two sureties, one of whom must be a close family member, and conditioned the release on the injury being simple, invoking Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023. The order directs the petitioner to appear before the Chief Judicial Magistrate within four weeks with the required documents.

Issues considered

  • Whether pre‑arrest bail should be granted to the petitioner despite allegations of assault and theft under the Bhartiya Nyaya Sanhita, 2023.
  • Whether the simple nature of the alleged injury and the petitioner’s fair antecedent justify the grant of bail.

Legislation cited

Subjects

  • pre‑arrest bail
  • assault
  • theft
  • simple injury
  • fair antecedent
  • criminal procedure
  • Bhartiya Nyaya Sanhita
  • Bharatiya Nagrik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1670 of 2026
                      Arising Out of PS. Case No.-105 Year-2025 Thana- Bahoranpur District- Bhojpur
                 ======================================================
                 Rahul Kumar @ Rahul Yadav S/O Dhanji Yadav @ Dhanaji Yadav Resident
                 of Charghat, P.S.- Bahoranpur, District- Bhojpur at Ara

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Shashank Shekhar, Adv.
                 For the Opposite Party/s :        Mr. Md. Matloob Rab, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

2   04-02-2026                  Heard learned Advocate appearing on behalf of the

                   petitioner and the learned Additional Public Prosecutor for the

                   State.

                                2. The petitioner apprehends his arrest in connection

                   with Bahoranpur P.S. Case No. 105 of 2025, registered for the

                   offences punishable under Sections 126(2), 115(2), 109, 303(2),

                   352, 351(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023.

                                3. The allegation against the petitioner is of causing

                   assault by means of lathi over the head of the informant which

                   resulted into serious injury; besides the allegation against the

                   co-accused person of snatching a golden jitiya to the tune of

                   rupees twenty five thousand.

                                4. Learned Advocate appearing on behalf of the

                   petitioner submitted that both the parties are next door
Patna High Court CR. MISC. No.1670 of 2026(2) dt.04-02-2026
                                            2/3




          neighbour and in fact, on account of a trifle, entered into a

          scuffle, resulting into some unfortunate injuries. So far the

          injury which is allegedly sustained to the informant is

          concerned, the learned Sessions Judge has discussed the same in

          the impugned order and stated that only a lacerated wound

          measuring two inches was found on the head, however the

          nature of the injury has not been disclosed, however, on

          instruction, learned Advocate for the petitioner submits that the

          said injury is simple in nature. The petitioner is a man of fair

          antecedent and he undertakes that he will fully cooperate in the

          proceeding of the Court.

                       5. On the other hand, learned Advocate for the State

          vehemently opposed the pre-arrest bail application and submits

          that there is specific allegation against the petitioner of causing

          assault and the corresponding injury over the head clearly

          suggest the complicity of the petitioner in the crime.

                       6. Having considered the submissions advanced by learned

          Advocate for the respective parties and taking note of the genesis of the

          occurrence coupled with the submissions advanced by learned

          Advocate for the petitioner that the injury is found to be simple in

          nature, besides the fair antecedent of the petitioner, let the petitioner

          above named be released on bail, in the event of his arrest or surrender,
             Patna High Court CR. MISC. No.1670 of 2026(2) dt.04-02-2026
                                                         3/3




                       subject to the injury being simple in nature before the court

                       below within a period of four weeks from the date of

                       receipt/production of a copy of this order, upon furnishing bail

                       bonds of Rs.10,000/- (ten thousand) with two sureties of the like

                       amount each to the satisfaction of the learned Chief Judicial

                       Magistrate, Bhojpur at Ara in connection with Bahoranpur P.S.

                       Case No. 105 of 2025, subject to the conditions laid down in

                       Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023

                       with the further condition that one of the bailors shall be the

                       own/close family members of the petitioner.



                                                   (Harish Kumar, J)
supratim/-

U      T


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