Patna High Court
Nagendra RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bhartiya Nayay Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 3(5), 351(1), 352, 482(2), 85
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
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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
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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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