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Patna High Court

Nagendra RamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the alleged assault does not prima facie show repeated injury or intention to cause death, and therefore bail is warranted.

Summary

The petitioner, Nagendra Ram, was arrested in connection with PS case No.403 of 2025 for alleged assault on his mother‑in‑law and her daughter, alleged under several sections of the Bhartiya Nayay Sanhita 2023. He contended that the incident arose from a family quarrel, resulting only in minor injuries and no intention to cause death. The prosecution opposed bail, citing the seriousness of the offences listed. The court examined the factual submissions and found that the injuries were simple, the assault was not repeated, and there was no prima facie intention to cause death. Consequently, the court ordered the petitioner’s release on bail with a bond of Rs.10,000 and two sureties, invoking Section 482(2) of the BNSS. The bail order is subject to compliance with the conditions prescribed by the Sub‑Divisional Judicial Magistrate, Bettiah.

Issues considered

  • Whether the petitioner is entitled to bail despite charges under Sections 126(2),115(2),118(1),109,85,351(1),352 and 3(5) of the BNSS.
  • Whether the facts disclose a prima facie case of intention to cause death or repeated assault.
  • Whether Section 482(2) of the BNSS can be invoked to grant bail in the present circumstances.

Legislation cited

Subjects

  • bail
  • assault
  • intention to cause death
  • family dispute
  • criminal procedure
  • BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26735 of 2026
                   Arising Out of PS. Case No.-403 Year-2025 Thana- NAUTAN District- West Champaran
                 ======================================================
                 Nagendra Ram S/o Kumari Ram, R/o Village - Nautan Khalwa Khap Tola
                 Ward no. 02, Police Station - Nautan, District - West Champaran.
                                                                                ... ... Petitioner/s
                                                    Versus
                 The State of Bihar.                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Brij Kishor Mishra, Advocate
                                                  Mr. Bashishtha Narayan Mishra, Advocate
                 For the Opposite Party/s :       Mr.Sanjay Kumar Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   27-04-2026                     Heard learned counsel appearing on behalf of the

                   petitioner and learned Additional Public Prosecutor appearing

                   on behalf of the State.

                                 2. The accused/petitioner apprehending his arrest

                   in connection with Nautan P.S. Case No.                       403 of 2025

                   registered for the offences punishable under Sections

                   126(2), 115(2), 118(1), 109, 85, 351(1), 352, 3(5) of the

                   Bhartiya Nayay Sanhita 2023.

                                 3. The allegation against the petitioner is to assault

                   informant and her daughter causing head injury during the

                   occurrence, where allegation is also raised that said assault

                   was made with intention to cause death.

                                 4. It is submitted by learned counsel appearing on
Patna High Court CR. MISC. No.26735 of 2026(2) dt.27-04-2026
                                            2/3




          behalf of the petitioner that the informant is none but

          mother-in-law of the petitioner and when this petitioner

          visited parental village of his wife to take her back alongwith

          childrens to join matrimonial home, certain quarrel/scuffling

          took place, during which the informant received minor

          injuries and taking advantage of that present false case was

          lodged against the petitioner. It is submitted that upon

          medical examination, the injuries which found upon the

          informant and also upon the head of sister-in-law was simple

          in nature, which negate intention to cause death. The alleged

          assault also not appears repeated. Petitioner claimed clean

          antecedent.

                       5. Learned APP opposed the prayer of bail.

                       6. In view of aforesaid factual submissions and by

          taking note of fact as alleged assault prima facie not appears

          repeated, causing simple injuries, prima facie negating

          intention     to    cause      death,      accordingly,   above   named

          petitioner, in the event of his arrest or surrender before the

          learned trial Court, within a period of four weeks of the

          order, is directed to be released on bail furnishing bail bond
              Patna High Court CR. MISC. No.26735 of 2026(2) dt.27-04-2026
                                                          3/3




                        of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of

                        the like amount each to the satisfaction of the learned Sub-

                        Divisional      Judicial     Magistrate,       Bettiah,   District-   West

                        Champaran/concerned Court, where the case is pending in

                        connection with Nautan P.S. Case No. 403 of 2025 subject

                        to the conditions as laid down under Section 482(2) of the

                        BNSS.



                                              (Chandra Shekhar Jha, J)
veena/-

U         T


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