Patna High Court
Raju Ranjan Kumar @ Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner with conditions, finding insufficient evidence to justify continued detention.
Summary
The petitioner, Raju Ranjan Kumar, was arrested in connection with a property dispute that allegedly led to the assault of an informant's family members, including an alleged attack on the informant's elder brother. The prosecution charged him under multiple sections of the Bihar Negotiable Sale (BNS) and the Bihar Daain Act, 1999. The petitioner claimed innocence, arguing that there was no injury report for the alleged victim and that the victim's statement did not specifically name him, while also highlighting his clean antecedent and the length of his pre‑trial custody since December 2025. The State opposed bail, emphasizing the specific allegations of assault. The court, noting the absence of corroborating injury evidence, the petitioner’s clean record, and the charge sheet already filed, ordered his release on bail subject to a Rs.10,000 bond, two sureties, and conditions under Section 480(3) of the BNS.
Issues considered
- Whether bail should be granted to the petitioner despite the serious assault allegations under the BNS and Bihar Daain Act
- Whether the lack of an injury report and the victim’s non‑identification of the petitioner justify bail
Legislation cited
- Bihar Daain Act, 1999 — s. 3, 4
- Bihar Negotiable Sale (BNS) — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352, 75
Subjects
- bail
- assault
- property dispute
- clean antecedent
- injury report
- Bihar law
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18357 of 2026
Arising Out of PS. Case No.-259 Year-2025 Thana- NAUBATPUR District- Patna
======================================================
Raju Ranjan Kumar @ Vikash Kumar Son of Kapildev Ray @ Kapildev
Yadav R/o Village - Bala Thakur, P.S. - Naubatpur, Dist. - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dhananjay Kumar Tiwary, Adv.
For the Opposite Party/s : Md. Matloob Rab, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 24-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner seeks bail in
connection with Naubatpur P.S. Case No. 259 of 2025,
registered for the offences under Sections 126(2), 115(2),
118(1), 109, 303(2), 75, 352, 351(2), 3(5) of the BNS and
Section 3,4 of the Bihar Daain Act, 1999.
3. As per the prosecution case, petitioner and other
coaccused persons assaulted the informant and his family
members when the informant opposed the act of the coaccused
in cutting a mango tree standing on the land of the informant.
The allegation against the petitioner is that he assaulted the elder
brother of the informant with dab on his head and he also
received a cut injury on his left hand. The petitioner and other
Patna High Court CR. MISC. No.18357 of 2026(3) dt.24-06-2026
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coaccused persons further assaulted other family members of
the informant.
4. Learned counsel appearing on behalf of the
petitioner submits that the petitioner is innocent and he has been
falsely implicated in this case. There is specific allegation
against the petitioner that he assaulted the elder brother of the
informant with sharp cutting weapon causing injuries on his left
hand and on his head. However, there is no injury report of the
elder brother of the informant namely Satendra Kumar on
record. The statement of the victim was recorded but he did not
name this petitioner for any specific assault rather he stated that
he and others were assaulted by all the accused persons.
Learned counsel further submits that there is property dispute
between the parties and a free fight broke out due to this dispute
and there is counter version of the occurrence for which
Naubatpur P.S. Case No. 283 of 2025 has been instituted by the
mother of the petitioner for the offences under Sections 126(2),
115(2), 303(2), 75, 352, 351(2), 3(5) of the BNS. Learned
counsel further submits that the petitioner is having clean
antecedent and he is in custody since 26.12.2025. Charge sheet
has been submitted.
5. Learned APP appearing for the State opposes the
Patna High Court CR. MISC. No.18357 of 2026(3) dt.24-06-2026
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submission made on behalf of the petitioner. Learned APP
submits that there is specific allegation against the petitioner
that he caused a number of injuries on the head and hand of the
elder brother of the informant.
6. Having regard to the fact and circumstances and
submission made on behalf of the parties and considering the
absence of injury on the alleged victim and the informant and
also considering period of custody, submission of charge sheet
and clean antecedent of the petitioner, the petitioner is directed
to be released on bail, on furnishing bail bonds of Rs.10,000/-
(Rupees Ten Thousand Only) each with two sureties of the like
amount each to the satisfaction of learned Additional Chief
Judicial Magistrate-VI, Danapur/concerned court, in connection
with Naubatpur P.S. Case No. 259 of 2025, subject to the
condition laid down under Section 480(3) of the BNSS and
other following conditions:
(i) One of the bailors will be a close
relative of the petitioner.
(ii) The petitioner will remain present on
each and every date fixed by the court
below, if so required by the learned trial
court.
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(iii) In case of absence on three
consecutive dates or in violation of the
terms of the bail, the bail bond of the
petitioner will be liable to be cancelled
by the court concerned.
(Arun Kumar Jha, J)
anuradha/-
U T
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