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Patna High Court

Raju KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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


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