Patna High Court
Saurav Kumar @ Saurab KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The Court granted bail to the petitioner, subject to bond and conditions.
Summary
The petitioner, Saurav Kumar, was arrested in connection with a case alleging assault under Sections 126(2), 115(2), 352 and 109(1) read with Section 3(5) of the IPC. The prosecution alleged that the petitioner, while intoxicated, assaulted the husband and son of the informant with a khanti, rod and lathi, causing injuries. The petitioner contended that the injuries were superficial, the allegation against him was not specific, and the case stemmed from a prior land dispute between agnate parties; he also cited an antecedent case for which he was on bail. The State opposed bail, pointing to the antecedent of a similar nature. The Court, considering the minor nature of the injuries, the lack of specific evidence against the petitioner, and the strained relationship between the parties, ordered his release on bail subject to a bond of Rs.10,000 with two sureties and compliance with Section 482(2) of the CrPC.
Issues considered
- Whether the petitioner is entitled to bail despite the serious charges under the IPC.
- Whether the antecedent case and the nature of the alleged injuries justify denial of bail.
Legislation cited
- Code of Criminal Procedure — s. 482(2)
- Indian Penal Code — s. 109(1), 115(2), 126(2), 3(5), 352
Subjects
- bail
- assault
- IPC
- CrPC
- injury report
- land dispute
- antecedent case
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24945 of 2026
Arising Out of PS. Case No.-503 Year-2025 Thana- BALIYA District- Begusarai
======================================================
Saurav Kumar @ Saurab Kumar S/o- Natho Yadav, R/o Village- Pokharia,
Phulwaria, PS- Ballia, District- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sandip Kumar Gautam, Advocate
For the Opposite Party/s : Mr. Aditya Narayan Singh.1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 24-04-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. In the present case, the petitioner is
apprehending his arrest in connection with Ballia (Baliya) P.S.
Case No. 503 of 2025, dated 17.11.2025, registered for the
offences punishable under Sections 126(2), 115(2), 352 and
109(1) read with Section 3(5) of the Indian Penal Code.
3. As per prosecution case, petitioner and other co-
accused persons under the influence of intoxicants were
involved in hurling abuses, and when the husband and son of the
informant forbade them for doing so, enraged, they assaulted the
husband and son of the informant by means of khanti, rod and
lathi causing injuries to them.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has falsely been implicated in this
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case. There is general and omnibus allegation of assault against
the petitioner and other co-accused persons and the only specific
allegation against the petitioner and co-accused Nishu Kumar is
that they assaulted the husband and son of the informant with
khanti and rod. Further allegation against other co-accused
persons, namely Abhishek Kumar and Devendra Yadav is that
they also assaulted them with lathi and rod causing injuries on
head. However, the injury report of the husband of the informant
shows two injuries on forehead which are lacerated wounds of
sizes 5cm x 0.5cm x 0.4cm and 4cm x 0.5cm x 0.2cm and the
injuries are stated to be simple in nature. Further, the son of
informant has received one injury only which is swelling over
forehead of size 1/2” x 1/6”, this injury is also stated to be
simple in nature. Learned counsel further submits that injury
reports of the husband and son of the informant corroborates the
fact that the allegation of assault by means of khanti, rod and
lathi etc. levelled against the petitioner is false and concocted.
Moreover, the allegation of assault on head is levelled against
altogether four persons and could not be ascertained to be
specific against this petitioner. Besides, the injuries are quite
superficial as is clear from the dimensions of the injuries.
Learned counsel further submits that parties are agnates and due
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to previous dispute this case has been lodged. Learned counsel
lastly submits that petitioner is having antecedent of one case in
which he is on bail.
5. Learned APP opposes the submissions made on
behalf of the petitioner and submits that petitioner is having one
antecedent of similar nature.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
nature of allegation and dimensions of injuries and further
considering the strained relationship between the parties and the
prevailing land dispute between them, let the petitioner, above-
named, in the event of his arrest or surrender before the Court
concerned within a period of eight weeks from today, be
released on bail, on furnishing bail bonds of Rs. 10,000/-
(Rupees Ten Thousand Only) with two sureties of the like
amount each to the satisfaction of learned Chief Judicial
Magistrate, Begusarai, in connection with Ballia (Baliya) P.S.
Case No. 503 of 2025, subject to the conditions as laid down
under Section 482(2) of the B.N.S.S. and other following
conditions:
(i) One of the bailors will be a close relative of the
petitioner.
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(ii) The petitioner will remain present on each and
every date fixed by the Court below, if so required by the
learned trial Court.
(Arun Kumar Jha, J)
Shahnawaz/-
U T
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