Patna High Court
Raj Kumar Singh @ Abhinesh SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court allowed the bail application, directing the petitioner to be released on bail with conditions.
Summary
Petitioner Raj Kumar Singh was arrested in connection with a case alleging that he inflicted a knife blow on the aunt of an informant, Sonam Patel. He faced charges under Sections 126(2), 115(2), 118(2), 109, 74 and 3(5) of the B.N.S. The petitioner claimed innocence, argued that the injury was simple rather than grievous, and highlighted a hostile relationship with the informant and a prior FIR against the informant. The State opposed bail, citing the seriousness of the offences and the petitioner’s earlier alleged criminal act. After considering the record, the court granted regular bail on a bond of Rs.10,000 with two sureties, subject to conditions not to tamper with evidence or commit further offences. The bail application was allowed.
Issues considered
- Whether the petitioner is entitled to regular bail despite the nature of the alleged injuries and the seriousness of the offences under the B.N.S.
- Whether the alleged simple nature of the injury and the informant's hostility affect the bail decision
- Whether the petitioner’s prior criminal antecedent precludes the grant of bail
Legislation cited
- B.N.S. — s. 109, 115(2), 118(2), 126(2), 3(5), 74
Subjects
- regular bail
- criminal procedure
- injury classification
- B.N.S.
- bond
- surety
- Bihar High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23498 of 2026
Arising Out of PS. Case No.-273 Year-2025 Thana- KOILWAR District- Bhojpur
======================================================
Raj Kumar Singh @ Abhinesh Singh S/o Late Chandra Mani Singh @ Late
Chandramani Singh Resident of village- Kulhariya, P.S - Koilwar, District -
Bhojpur
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar Pradhan, Adv.
For the Opposite Party/s : Mr. Brajendra Nath Pandey, APP.
For the Informant/s : Mr. Shantanu Kumar Singh, Adv.
Mr. Madhav Kumar Jha, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 07-05-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned APP for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Koilwar P.S. Case No.
273 of 2025 dated 25.11.2025 registered for the offences
punishable under Sections 126(2), 115(2), 118(2), 109, 74 and
3(5) of B.N.S.
3. As per the prosecution case, the petitioner is
alleged to have inflicted knife blow upon the aunt of the
informant, namely, Sonam Patel.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.23498 of 2026(3) dt.07-05-2026
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case. It is submitted that there is an error of record in the
impugned order when it has been mentioned that the injuries
received by the aunt of the informant is grievous in nature rather
the injury report which was called for by this Court by order
dated 08.04.2026 would go to show that the injury is simple in
nature. It has been submitted that there is no allegation of
repetition of blow. It has further been submitted that the
informant is on an inimical term with the petitioner and earlier
also an FIR was lodged against him. It has lastly been submitted
that petitioner is in custody since 19.12.2025 and has got one
criminal antecedent which was lodged by the prosecution side
itself.
5. Learned A.P.P. for the State and learned counsel for
the informant have vehemently opposed the prayer for bail of
the petitioner and learned counsel for the informant has
submitted that petitioner on earlier occasion had also indulged
himself into criminal act against the prosecution party.
6. Heard the parties and perused the record.
7. Considering the entire facts and circumstances of
the case, the petitioner above-named is directed to be enlarged
on bail on furnishing bail-bond of Rs.10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
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satisfaction of learned Court concerned, Bhojpur, Ara in
connection with Koilwar P.S. Case No. 273 of 2025.
(i) It is directed that the petitioners will not tamper
with the evidence and indulge into any sort of criminal activity
with the informant’s side and if the petitioner gets himself
involved subsequently in similar nature of offence, the
prosecution would be at liberty to file appropriate application
for cancellation of bail bonds.
8. The application stands allowed.
(Praveen Kumar, J)
shivam/-
U T
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