Patna High Court
Bharat KumarversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- PARTHA SARTHY
Holding
Bail was denied to Bharat Kumar but granted to Rinku Singh.
Summary
Bharat Kumar and Rinku Singh were arrested in connection with a police raid on a house where a co-accused, Ashok Chaudhary, was present. The prosecution alleges that Bharat Kumar assaulted a police officer with a lathi, causing grievous injuries, while Rinku Singh claims no involvement and has no prior criminal record. Both petitioners applied for regular bail. The court, after considering the medical evidence of grievous injury, denied bail to Bharat Kumar but allowed him to re‑apply after six months. Rinku Singh, having no antecedent and being in custody since 22‑01‑2026, was granted bail on a bond of Rs.10,000 with two sureties, subject to the satisfaction of the Chief Judicial Magistrate.
Issues considered
- Whether regular bail should be granted to Bharat Kumar despite evidence of assault causing grievous injury to a police officer.
- Whether regular bail should be granted to Rinku Singh who has no criminal antecedent and claims no involvement in the assault.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 117(2), 121(1), 121(2), 125(a), 125(b), 126(2), 132, 190, 191(2), 191(3), 224, 262, 263, 351(2), 352
Subjects
- bail
- regular bail
- assault on police
- grievous injury
- Bharatiya Nyaya Sanhita
- non‑bailable warrant
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23469 of 2026
Arising Out of PS. Case No.-13 Year-2026 Thana- Karvandiya District- Rohtas
======================================================
1. Bharat Kumar Son of Ashok Chaudhary Resident of Village- Karwandiya,
P.S.- Karwandiya, District- Rohtas
2. Rinku Singh Son of Upendra Singh Resident of Village- Amra Talab, P.S.-
Karwandiya, District- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Siddharth Harsh, Advocate
For the Opposite Party/s : Mr. Kumar Ranjit Ranjan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 08-04-2026 1. Heard learned counsel for the parties.
2. The petitioners have preferred this application for
grant of regular bail in connection with Karwandiya P.S. Case
no.13 of 2026 registered under sections 191(2), 191(3), 190,
109, 121(1), 121(2), 125(a), 125(b), 117(2), 132, 126(2), 224,
262, 263, 351(2) and 352 of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant states that
while on patrolling, having received information about an
accused in another case namely Ashok Chaudhary against whom
non-bailable warrant was pending execution being present in his
house, a raid was conducted. It is stated that Ashok Chaudhary
was taken into custody, however, the petitioner herein as also
Patna High Court CR. MISC. No.23469 of 2026(2) dt.08-04-2026
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one Vivek Raj and Ashok Chaudhary himself assaulted the
informant ie the police personnel who had gone to arrest Ashok
Chaudhary. Injuries were caused.
4. Learned counsel for the petitioners submits that the
petitioners have been falsely implicated in the case. No such
occurrence involving the petitioners has taken place. The
petitioners are in custody since 22.1.2026 and have no criminal
antecedent. They undertake to cooperate in the
investigation/trial.
5. The application for bail is opposed by learned A.P.P.
for the State who submits that the petitioners obstructed the
work of the informant who had gone to arrest a co-accused
against whom non-bailable warrant was issued by the Court. It
is further submitted that so far as the allegation on Bharat
Kumar is concerned, who is said to have assaulted the police
personnel on the head with a lathi, corresponding injuries have
been found.
6. Having heard learned counsel for the parties and
taking into consideration the allegations on Bharat Kumar
together with the corresponding injuries having been found on
the body of the police personnel which in the opinion of the
doctor is grievous in nature, the Court is not inclined to enlarge
Patna High Court CR. MISC. No.23469 of 2026(2) dt.08-04-2026
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the petitioner Bharat Kumar on bail and the application is
rejected.
7. Liberty is granted to the petitioner Bharat Kumar to
renew his prayer for bail after six months.
8. In view of the facts and circumstances of the case,
the petitioner no.2 Rinku Singh being in custody since
22.1.2026 and not having any criminal antecedent, the Court
directs him to be enlarged on bail in connection with
Karwandiya P.S. Case no.13 of 2026 on furnishing bail bond of
Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Chief Judicial
Magistrate, Sasaram, District Rohtas.
(Partha Sarthy, J)
Saurabh/-
U T
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