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Patna High Court

Radhey SawversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioners are granted bail subject to specified conditions.

Summary

The petitioners, three residents of Buchchi village, were charged in a police case for alleged assault on the informant's sons, involving lathi and iron rod attacks. They applied for bail, arguing that the FIR contains no specific allegation of assault against them and that similar co-accused have already been granted bail. The prosecution opposed, highlighting the petitioners' prior criminal antecedents. The Court noted the lack of specific charges, the precedent of bail to co-accused, and the petitioners' custody status, and consequently ordered bail on a personal bond of Rs.10,000 with two sureties each, subject to conditions of cooperation, presence, non‑tampering with evidence, and verification of antecedents. The bail order was issued by Justice Rajesh Kumar Verma of the Patna High Court.

Issues considered

  • Whether the petitioners are entitled to bail despite being named in the FIR without specific allegations of assault.
  • Whether the existence of prior criminal antecedents precludes the grant of bail.
  • Whether the grant of bail to similarly situated co‑accused influences the decision.

Subjects

  • bail
  • criminal procedure
  • assault
  • antecedent
  • high court
  • Bihar
  • BNS Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18710 of 2026
                     Arising Out of PS. Case No.-329 Year-2025 Thana- NARDIGANJ District- Nawada
                 ======================================================
           1.     Radhey Saw Son of Late Lala Saw @ Lalo Saw Resident of village -
                  Buchchi, P.S.-Nardiganj, District- Nawada.
           2.    Pratik Kumar Gupta @ Gyan @ Pratik Raj Son of Kisun Saw Resident of
                 village - Buchchi, P.S.-Nardiganj, District- Nawada.
           3.    Dhiraj Kumar Son of Gunni Saw Resident of village - Buchchi, P.S.-
                 Nardiganj, District- Nawada.

                                                                                  ... ... Petitioners
                                                      Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Vijay Kumar, Advocate
                 For the Opposite Party/s :      Mr. Yogendra Kumar, A.P.P.
                 For the Informant        :      Mr. Rahul Singh, Advocate
                                          :      Mr. Adarsh Parasar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   10-04-2026                     Heard learned counsel for the petitioners, learned

                   counsel for the informant and learned Additional Public

                   Prosecutor for the State.

                               2. Petitioners seek bail in connection with Nardiganj

                   P.S. Case No. 329 of 2025 for the offences punishable under

                   Sections 126(2), 127(2), 109, 351(2), 352, 118(2), 74,

                   191(1),192, 190 and 191(3) of BNS, 2023.

                               3. The prosecution case, in brief is that on 05-09-2025

                   when the informant's son namely; Abhimanyu @ Gorelal Kumar

                   was going to the market by motorcycle, on the same time

                   accused Pratik Sao was returning to the village and dashed each
Patna High Court CR. MISC. No.18710 of 2026(2) dt.10-04-2026
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          other at village Abdulpur Pariya durng crossing. When

          informant's son was sitting at village then Pratik Kumar @ Gyan

          started abused and assaulted by means of lathi and fist and

          threatened to kill. After that a Panchayati was convened in the

          meantime all accused persons came with lathi, danda and iron

          rod and assaulted informant's second son namely; Bittu Kumar

          due to which 5 to 6 persons were injured. It is further alleged

          that informant's son was referred to Pawapuri Hospital for

          treatment. On halla accused persons fled away.

                      4. Learned counsel for the petitioners submits that

          although the petitioners are named in the FIR but from perusal

          of the FIR it appears that there is no specific allegation of

          assault or overt act against any of the accused persons including

          the petitioners. It is next submitted that the allegations leveled

          against the accused persons including the petitioners are general

          and omnibus in nature. He further submits that the police after

          investigation submitted charge sheet and petitioner nos. 1 and 2

          are in custody since 24.12.2025 and petitioner no. 3 is in

          custody since 10.12.2025. He further submits that similarly

          situated, co-accused persons, namely, Ashok Sao and Deepak

          Kumar have been granted bail by a co-ordinate Bench of this

          Court vide order dated 03.04.2026 passed in Cr. Misc. No.
Patna High Court CR. MISC. No.18710 of 2026(2) dt.10-04-2026
                                            3/4




          19570 of 2026 and Vicky Kumar, Niraj Kumar and Banti Kumar

          have been granted bail by a co-ordinate Bench of this Court vide

          order dated 12.01.2026 passed in Cr. Misc. No. 88879 of 2025 .

                      5. Learned Additional Public Prosecutor for the State

          and learned counsel for the informant have vehemently opposed

          the prayer for bail of the petitioners and submits that petitioner

          no. 1 has antecedent of six cases other than the present case but

          fairly submits that petitioner is on bail in five cases and in one

          case he has been acquitted, petitioner nos. 2 has antecedent of

          four cases out of which he is on bail in two cases and in other

          two cases he has been acquitted and so far as petitioner no. 3 is

          concerned, he has antecedent of one case on which he is on bail.

                       6. Considering the aforesaid facts and circumstances

          and that similarly situated co-accused persons have been granted

          bail and the fact that there is no specific allegation of assault

          against any of the petitioners, let the petitioners, above named,

          be released on bail on furnishing bail bond of Rs. 10,000/- (Ten

          Thousand) each with two sureties of the like amount each to the

          satisfaction of the learned J.M. 1st Class, Nawada in connection

          with Nardiganj P.S. Case No. 329 of 2025, subject to the

          following conditions:-

                       i. Petitioners shall co-operate in the trial and shall be
           Patna High Court CR. MISC. No.18710 of 2026(2) dt.10-04-2026
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                     properly represented on each and every date fixed by the court

                     and shall remain physically present as directed by the court and

                     on their absence on two consecutive dates without sufficient

                     reason, their bail bond shall be cancelled by the Court below.

                                  ii. If the petitioners tampers with the evidence or the

                     witnesses, in that case, the prosecution will be at liberty to

                     move for cancellation of bail.

                                  iii. And further condition that the court below shall

                     verify the criminal antecedent of the petitioners and in case at

                     any stage it is found that the petitioners have concealed their

                     criminal antecedent, the court below shall take step for

                     cancellation of bail bond of the petitioners. However, the

                     acceptance of bail bonds in terms of the above-mentioned order

                     shall not be delayed for purpose of or in the name of

                     verification.



                                            (Rajesh Kumar Verma, J)
Gaurav Sinha/-

U      T


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