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Patna High Court

Bharat KumarversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

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

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
                                            2/3




          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
                                                        3/3




                      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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