Patna High Court

Rajesh KumarversusThe State of Bihar

Decided: 31 January 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

The Court held that bail is permissible under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023, and granted bail to the petitioners subject to conditions.

Summary

The petitioners, six members of the Chauhan family, were named in an FIR for alleged assault, robbery and other offences arising from a quarrel on 30 September 2025. They sought bail, fearing arrest under Sections 115(2), 109, 117(2), 303(2), 191(2), 352 and 3(5) of the Bhartiya Nyaya Sanhita. The State opposed the bail, contending the seriousness of the offences. The Court examined the nature of the injuries, the petitioners' clean antecedents and the statutory power under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 to grant bail. It ordered that bail be granted on furnishing a bond of Rs.10,000 with two sureties, subject to surrender within eight weeks, thereby balancing the interests of justice and liberty.

Issues considered

Whether bail can be granted to the petitioners under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 in a case involving offences under the Bhartiya Nyaya Sanhita.
Whether the nature of the alleged offences and the petitioners' antecedents justify denial of bail.

Legislation cited

Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
Bhartiya Nyaya Sanhita — s. 109, 115(2), 117(2), 191(2), 303(2), 3(5), 352

Subjects

bail
criminal procedure
Section 482
Bhartiya Nyaya Sanhita
Bhartiya Nagrik Suraksha Sanhita
assault
theft
clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2258 of 2026
                   Arising Out of PS. Case No.-389 Year-2025 Thana- PAKARIBARAW District- Nawada
                 ======================================================
           1.     Rajesh Kumar S/O Balkishun Chauhan R/O Village- Pindparwa, P.S-
                  Pakribarawan, Distt.- Nawada.
           2.    Rohit Kumar S/O Kishori Chauhan R/O Village- Pindparwa, P.S-
                 Pakribarawan, Distt.- Nawada.
           3.    Mukesh Chauhan @ Mukesh Kumar S/O Ratan Chauhan @ Ramratan
                 Chauhan R/O Village- Pindparwa, P.S- Pakribarawan, Distt.- Nawada.
           4.    Nawal Chauhan @ Nawal Kumar S/O Gorelal Chauhan R/O Village-
                 Pindparwa, P.S- Pakribarawan, Distt.- Nawada.
           5.    Ganesh Chauhan @ Ganesh Kumar S/O Tunha Chauhan @ Tuntun Chauhan
                 @ Shivshankar Chauhan R/O Village- Pindparwa, P.S- Pakribarawan, Distt.-
                 Nawada.
           6.     Ratan Chauhan @ Ram Ratan Chauhan S/O Ramdular Chauhan R/O
                  Village- Pindparwa, P.S- Pakribarawan, Distt.- Nawada.
                                                                              ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Ranjeet Patel
                 For the Opposite Party/s :      Mrs.Asha Devi
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   31-01-2026                  Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence under Sections 115(2), 109, 117(2),

                   303(2), 191(2), 352 & 3(5) of the Bhartiya Nyaya Sanhita.

                                3. It is alleged that on 30.09.2025 at about 3:30 PM,

                   all the F.I.R. named accused persons including these petitioners

                   and 10 unknown persons assaulted informant and other family

                   members, causing injuries to them. It is further alleged that

                   accused persons also snatched gold locket from neck of
           Patna High Court CR. MISC. No.2258 of 2026(2) dt.31-01-2026
                                                       2/2




                     informant.

                                  4. Learned counsel for the petitioners submits that

                     quarrel between children of both parties led to Maarpeet, in

                     which petitioners & others are alleged to have assaulted

                     informant & others.             Injuries, allegedly caused by these

                     petitioners, are simple in nature.                  Petitioners claim clean

                     antecedent.

                                  5. Learned A.P.P. for the State has opposed the bail

                     petition.

                                  6. In the facts and circumstances of the case, let the

                     above named petitioners, in the event of their arrest/surrender

                     within a period of eight weeks from today, be enlarged on bail

                     on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each

                     with two sureties of the like amount each to the satisfaction of

                     learned A.C.J.M. - II, Nawada in connection with Pakribarawan

                     P.S. Case No. 389 of 2025, subject to condition as laid down

                     under Section 482 of the Bhartiya Nagrik Suraksha Sanhita,

                     2023.



                                           (Prabhat Kumar Singh, J)
anay

U      T

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