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Patna High Court

Raju KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
            Patna High Court CR. MISC. No.1946 of 2026(2) dt.20-01-2026
                                                        3/3




                      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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