Patna High Court
Raju KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Given the petitioner’s clean antecedent, the simple nature of the injury, and the presence of a case‑and‑counter‑case, bail was granted subject to prescribed conditions.
Summary
Raju Kumar was arrested on 24‑10‑2025 in connection with FIR dated 04‑10‑2025 alleging assault on the informant’s family and offences under several sections of the Bharatiya Nyay Sanhita, 2023. The prosecution alleged that the accused entered the informant’s house and assaulted the occupants with lathis and sticks. The petitioner pleaded that he has a clean antecedent, was falsely implicated, and that the injury to the informant’s mother was simple in nature, arising from a prior dispute between the parties. The court noted the petitioner’s clean record, the simple nature of the injury, and the existence of a case‑and‑counter‑case, and therefore granted bail on a bond of Rs 10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents. The bail order was directed to be implemented by the Judicial Magistrate, First Class, East Champaran.
Issues considered
- Whether bail should be granted to the petitioner accused of offences under the Bharatiya Nyay Sanhita, 2023.
- Whether the petitioner’s clean antecedent and the simple nature of the injury justify bail.
- Whether the existence of a case and counter‑case between the parties influences the bail decision.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 109(1), 115(2), 126(2), 190, 191(2), 191(3), 303(2), 351(2), 352
Subjects
- bail
- criminal procedure
- assault
- Bharatiya Nyay Sanhita
- simple injury
- clean antecedent
- case and counter case
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1946 of 2026
Arising Out of PS. Case No.-277 Year-2025 Thana- RAJEPUR District- East Champaran
======================================================
Raju Kumar S/O Bisundev Thakur @ Bishundeo Thakur Resident of Village-
Tajpur Saraiya, P.S- Rajepur, District- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Karandeep Kumar, Advocate
For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 20-01-2026 Heard Mr. Karandeep Kumar, learned counsel for
the petitioner as well as Mr. Bhanu Pratap Singh, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
24.10.2025 in connection with Rajepur P.S. Case No. 277 of
2025, F.I.R. dated 04.10.2025 for the offences punishable under
Sections 190, 191(2), 191(3), 126(2), 115(2), 109(1), 303(2),
351(2) and 352 of the Bharatiya Nyay Sanhita, 2023.
3. According to prosecution case, the informant
alleged that the petitioner along with other co-accused persons
assaulted his son when he was playing. It is further alleged that
the accused persons forcefully entered the house of the
informant and assaulted him and his family members by means
of lathis, sticks and farsa.
Patna High Court CR. MISC. No.1946 of 2026(2) dt.20-01-2026
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4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. There is case and counter case
between the parties and due to some previous dispute the
present occurrence has taken place. Although the petitioner is
named in the FIR and there is specific allegation against him
that he assaulted to the mother of the informant, namely,
Shivkumari Devi and she received injury but her injury report
suggest that injury inflicted upon her is simple in nature and the
petitioner is in custody since 24.10.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
petitioner has clean antecedent and there is case and counter
case between the parties and injury inflicted upon the injured
person is simple in nature, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Judicial Magistrate, First Class, East
Champaran, Motihari in connection with Rajepur P.S. Case No.
277 of 2025, subject to the following conditions:-
i. Petitioner 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 his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner 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 petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. 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)
Suruchi/-
U T
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