Patna High Court
Ajit Saw @ Ajit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court held that bail should be granted to the petitioners under section 482(2) of the BNSS.
Summary
The petitioners, four residents of Deogana village, were apprehended for alleged assault with weapons on 06-01-2025, leading to injuries to an informant and others. They filed a bail petition fearing arrest under multiple offences listed in the Bharatiya Nagarik Suraksha Sanhita (BNSS), including sections 191(2), 191(3), 190, 329(3), 126, 115(2), 117 and 109. The State opposed the bail, arguing the seriousness of the offences. The Court considered the nature and severity of the injuries, deeming them simple, and applied the provisions of section 482(2) of the BNSS to assess the bail application. It ordered that bail be granted upon furnishing a bond of Rs.10,000 with two sureties of equal amount, subject to conditions, and directed compliance with the CJM of Aurangabad. The petition was consequently disposed with bail granted.
Issues considered
- Whether the petitioners are entitled to bail under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 despite the alleged offences.
- Whether the nature and seriousness of the alleged injuries justify denial of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 109, 115(2), 117, 126, 190, 191(2), 191(3), 329(3), 482(2)
Subjects
- bail
- criminal procedure
- BNSS
- assault
- weapons
- section 482
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2082 of 2026
Arising Out of PS. Case No.-11 Year-2025 Thana- NAVINAGAR District- Aurangabad
======================================================
1 . Ajit Saw @ Ajit Kumar S/O Satyendra Saw Resident of village-Deogana,
P.S. -Navinagar, Dist-Aurangabad
2. Rajendra Saw Son of Late Hajari Saw @ Hari Saw Resident of village-
Deogana, P.S. -Navinagar, Dist-Aurangabad
3. Pradeep Saw Son of Jimdar Saw Resident of village-Deogana, P.S.
-Navinagar, Dist-Aurangabad
4. Arunjai Saw @ Arunjai Kumar @ Arunjay Saw @ Arunjay Kumar Son of
Pradeep Saw Resident of village-Deogana, P.S. -Navinagar, Dist-
Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramendra Kumar Singh, Advocate
For the Opposite Party/s : Mr. Akshay Lal Pandit , APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 31-01-2026 Heard learned counsel for the petitioners and the
State .
2. Petitioners apprehend their arrest in a case
registered for the offence punishable under sections 191 ( 2 ),
191 (3) , 190, 329 (3) , 126, 115 ( 2 ), 117 and 109 of BNS.
3 . As per F.I.R., on 06.01.2025 , all the accused
persons including these petitioners armed with various weapons
and came and assaulted informant and others due to which they
sustained injuries.
4. It is submitted on behalf of the petitioners that
Patna High Court CR. MISC. No.2082 of 2026(2) dt.31-01-2026
2/2
dispute over pathway resulted in maarpeet between the parties
in which both sides inflicted injuries on each other. Case and
counter case . Injury caused by these petitioners are simple in
nature .
5 . Learned counsel for the State oppose the bail
petition .
6 Considering the nature of injury and other
circumstances of the case , in the event of arrest or surrender
within eight weeks from today, let the petitioners, as named
above, be enlarged 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 CJM Aurangabad
in connection with Nabinagar P.S. Case No. 11 of 2025 ,
subject to the conditions laid down under section 482 ( 2 ) of the
Bharatiya Nagarik Suraksha Sanhita ( BNSS) , 2023 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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