Patna High Court
Radhey SawversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
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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.
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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
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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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