Patna High Court
Raju KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that due to the specific and direct nature of the accusation, the gravity of the offence, and the petitioners' role as assailants, bail could not be granted.
Summary
The petitioners, Raju Kumar and Ratan Kumar, applied for participatory bail after being named in an FIR for the brutal assault and death of an informant's husband, alleged under sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. They claimed innocence, asserting that the charge sheet was vague and that they had clean antecedents. The State opposed bail, emphasizing that the petitioners were identified as assailants. The court examined the specificity of the accusation, the seriousness of the offence, and the petitioners' alleged involvement. Concluding that the allegations were specific, direct, and gravely serious, the court rejected the bail application. Consequently, the petition for bail was dismissed.
Issues considered
- Whether the petitioners are entitled to participatory bail given the nature of the accusations under the Bharatiya Nyaya Sanhita, 2023
- Whether the specificity and gravity of the alleged assault and homicide justify denial of bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 3(5)
Subjects
- participatory bail
- bail
- criminal law
- assault
- homicide
- Bharatiya Nyaya Sanhita
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16916 of 2026
Arising Out of PS. Case No.-144 Year-2025 Thana- RAJAPAKAR District- Vaishali
======================================================
1. Raju Kumar Son of Bhajan Ram R/o Village - Andharwara, P.S. -
Rajapakar(Baranti), Dist. - Vaishali at Hajipur.
2. Ratan Kumar Son of Chandradip Ram R/o Village - Andharwara, P.S. -
Rajapakar(Baranti), Dist. - Vaishali at Hajipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Mr. Priyesh Kumar, Advocate
For the State : Md. Matloob Rab, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 29-04-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. Petitioners apprehend their arrest in a case
registered for the offence punishable under sections 103(1)
and3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per prosecution case, all the F.I.R. named
accused persons, including these petitioners, brutally assaulted
husband of informant due to which, he died.
4. Learned counsel appearing for the petitioners
submits that petitioners are innocent and have falsely been
implicated in this case. Allegation of assault is general and
omnibus and no specific accusation of overt act has been alleged
Patna High Court CR. MISC. No.16916 of 2026(2) dt.29-04-2026
2/2
against these petitioners. Petitioners claim clean antecedents.
5. On the other hand, learned counsel for the State has
vehemently opposed the prayer for grant of participatory bail to
the petitioners and submitted that petitioners are named in the
F.I.R. and they appear to be assailant of the deceased.
6. Considering the facts and circumstances of the
case, specific and direct nature of accusation, gravity of offence
and fact that petitioners are one of the assailant of the deceased,
prayer for bail of the petitioners is rejected.
(Prabhat Kumar Singh, J)
shashank/-
U T
Checking your session…