Patna High Court
Rahul Kumar @ Rahul YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
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
- Bharatiya Nagrik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyaya Sanhita — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2), 352
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
Checking your session…