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Patna High Court

Jagarnath Thakur @ ChunnuversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner.

Summary

Jagarnath Thakur was charged with assault using an iron rod, causing a stitched head wound and a grievous hand injury, under Sections 126(2), 115(20), 109, 303(2), 352 and 351(2) of the Bihar Penal Code. He applied for regular bail, arguing that the hand injury, though grievous, is bailable, that the FIR was filed a month after the incident due to the victim's medical treatment, and that he has no prior criminal record and has been in custody since December 16, 2025. The State opposed the bail on the seriousness of the offences. After hearing both sides, the Patna High Court considered the nature of the injuries, the delay in filing the FIR, and the petitioner’s clean antecedent, and decided to grant regular bail. The court ordered the petitioner to be released on a bail bond of Rs 10,000 with two sureties of the same amount, subject to the satisfaction of the Additional Chief Judicial Magistrate‑I, Jhanjharpur. The order was pronounced by Justice Ashok Kumar Pandey.

Issues considered

  • Whether regular bail should be granted in a case involving assault with grievous injuries under the specified sections of the Bihar Penal Code.
  • Whether the delay in filing the FIR and the nature of the injuries affect the bail eligibility.

Subjects

  • regular bail
  • assault
  • grievous hurt
  • delay in FIR
  • criminal antecedent
  • Bihar Penal Code
  • bailable offence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17095 of 2026
                    Arising Out of PS. Case No.-34 Year-2025 Thana- LAKHNAUR District- Madhubani
                 ======================================================
                 Jagarnath Thakur @ Chunnu Son of Vishnunath Thakur Resident of Village -
                 Kachhuwa, P.S.- Lakhnour, District - Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Baleshwar Kamat, Advocate
                 For the Opposite Party/s :      Ms. Pushpa Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   18-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under Sections 126(2),

                   115(20, 109, 303(2), 352 & 351(2) of the BNS.

                                3. The case of the prosecution, in short, is that the

                   petitioner has assaulted with iron rod on the head of the

                   informant and on his hand.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. He has

                   falsely been implicated in this case. Learned counsel for the

                   petitioner has submitted that from perusal of the order of the

                   learned trial court it will transpire that the injury on hand is
Patna High Court CR. MISC. No.17095 of 2026(2) dt.18-03-2026
                                            2/3




          grievous which is bailable in nature. It has further been

          submitted that from perusal of the FIR itself it is clear that the

          date of occurrence is 13.04.2025 whereas the FIR was lodged on

          12.05.2025, i.e. after a month. It has further been submitted that

          as per the FIR, the informant was under treatment and villagers

          have advised him panchayati due to which delay has been

          caused in filing of the FIR. Learned counsel for the petitioner

          has further submitted that the explanation of delay is not

          sufficient and the injury which is on hand is bailable in nature

          and regarding head injury it is recorded in the order of the

          learned trial court that victim has received stitched wound of

          size 6cm present over left parietal region of scalp. Learned

          counsel for the petitioner has lastly submitted that the petitioner

          is having no criminal antecedent and he is in judicial custody

          since 16.12.2025.

                       5. Learned APP appearing for the State has opposed

          the prayer of regular bail.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this court is

          inclined to enlarge both the petitioner on bail. The above named

          petitioner is directed to be released on bail in connection with

          Lakhnour P.S. Case No. 34 of 2025 on furnishing bail bond of
            Patna High Court CR. MISC. No.17095 of 2026(2) dt.18-03-2026
                                                        3/3




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

                      each to the satisfaction of learned Additional Chief Judicial

                      Magistrate-I, Jhanjharpur, District-Madhubani.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T


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