Patna High Court
Raja @ Raj Kumar @ NirahuaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court held that, given the general nature of the allegations, the absence of corroborative injury evidence, the petitioner’s clean record and extended pre‑trial detention, regular bail must be granted.
Summary
The petitioner, Raja, was arrested in connection with a police case alleging assault and grievous injuries under several sections of the Bhartiya Nyaya Sanhita, 2023. The prosecution alleged that the petitioner was one of seven accused who assaulted the informant, while the petitioner claimed false implication, stating that the allegations were general and the injury report did not substantiate the charges. He had been in custody since 19 December 2025 and had no prior criminal record. The court examined the nature of the allegations, the lack of corroborative medical evidence, the length of pre‑trial detention, and the petitioner’s clean antecedent. Finding the accusations insufficient to deny bail, the court ordered that the petitioner be released on regular bail upon furnishing a bond of Rs 10,000 with two sureties. The order was directed to the learned ACJM‑II, Saran at Chapra.
Issues considered
- Whether the petitioner is entitled to regular bail despite charges under sections 126(2),115(2),118,109,303(2),352,351(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023.
- Whether the general and omnibus nature of the allegations and the lack of supporting injury report justify denial of bail.
- Whether the petitioner’s prolonged pre‑trial custody and clean criminal record warrant the grant of bail.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118, 126(2), 303(2), 3(5), 351(2), 352
Subjects
- regular bail
- false implication
- assault
- grievous injury
- pre‑trial detention
- Bhartiya Nyaya Sanhita
- no criminal antecedent
- bail jurisprudence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18242 of 2026
Arising Out of PS. Case No.-575 Year-2025 Thana- BHAGWAN BAZAR District- Saran
======================================================
Raja @ Raj Kumar @ Nirahua S/o Pankaj Mahto R/o Mohalla - Gudari Ray
Chowk, P.S - Bhagwan Bazar, District – Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nalin Kumar, Advocate
For the Opposite Party/s : Mr.Bishweshwar Ram, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
4 07-05-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Bhagwan Bazar P.S.
Case no.575 of 2025 registered under sections 126(2), 115(2),
118, 109, 303(2), 352, 351(2) and 3(5) of the Bhartiya Nyaya
Sanhita, 2023.
3. As per the prosecution case, the informant states
that the seven named accused persons including the petitioner
herein started to abuse and assault the informant and others
causing grievous injuries. The informant states that the assault
was carried out by co-accused Rahul Kumar and his friends
which included the petitioner herein.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case. The
Patna High Court CR. MISC. No.18242 of 2026(4) dt.07-05-2026
2/2
allegations are general and omnibus in nature. The injury report
does not support the allegation of assault by so many persons.
The petitioner is in custody since 19.12.2025 and has no
criminal antecedent.
5. The application for bail is opposed by learned A.P.P
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations against the petitioner in
the FIR, the allegations being general and omnibus in nature, the
contents of the injury report, the petitioner having remained in
custody since 19.12.2025 and not having any criminal
antecedent, the petitioner is directed to be enlarged on bail in
connection with Bhagwan Bazar P.S. Case no.575 of 2025 on
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of the
learned A.C.J.M-II, Saran at Chapra.
(Partha Sarthy, J)
Shiv/-
U T
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