Patna High Court
Kauslender KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the prima facie case was weak and the petitioner was not shown to have intent to cause death, thereby granting bail.
Summary
The petitioner, Kauslender Kumar, was named in an FIR for assault, extortion and related offences under several sections of the Bhartiya Nayay Sanhita 2023. He contended that the FIR was based on hearsay and that the injuries inflicted on the informant were not on vital parts and did not show an intention to cause death. The Additional Public Prosecutor opposed bail, arguing the seriousness of the charges. The court examined the prima facie evidence, noting the reliance on undisclosed sources and the nature of the injuries, and concluded that there was no clear intention to cause death. Consequently, the court ordered the petitioner’s release on bail with a bond of Rs. 10,000 and two sureties, subject to conditions under Section 482(2) of the BNSS.
Issues considered
- Whether the FIR establishes a prima facie case for the offences alleged under the BNSS
- Whether the nature of the injuries demonstrates an intention to cause death
- Whether bail should be granted under Section 482(2) of the BNSS in view of the evidence
Legislation cited
- Bhartiya Nayay Sanhita, 2023 — s. 109, 115, 126(2), 303(2), 3(5), 351(2), 352, 482(2)
Subjects
- bail
- hearsay
- intention to cause death
- assault
- extortion
- criminal procedure
- BNSS
- Section 482
- prima facie
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26738 of 2026
Arising Out of PS. Case No.-159 Year-2025 Thana- BHAGWANPUR District- Vaishali
======================================================
Kauslender Kumar, Son of Shashikant Ray, Resident of village-Rahsa Kabari
Tola, P.S-Bhagwanpur, Dist- Vaishali. ... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arvind Kumar Sinha, Advocate
For the Opposite Party/s : Mr.Ashok Kumar Singh, 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 named in FIR and
apprehending his arrest in connection with Bhagwanpur P.S.
Case No. 159 of 2025 registered for the offences
punishable under Sections 115, 126(2), 351(2), 352, 109,
303(2) and 3(5) of Bhartiya Nayay Sanhita 2023.
3. As per FIR, petitioner alleged to assault
informant while he refused to pay extortion money to
petitioner and co-accused persons and also taken away cash
of Rs. 11,800/-, which was kept in his pocket for payment to
cement shop owner.
4. It is submitted by learned counsel appearing on
Patna High Court CR. MISC. No.26738 of 2026(2) dt.27-04-2026
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behalf of the petitioner that the present FIR was lodged on
17.06.2025 for the occurrence dated 13.06.2025 out of
local disputes and differences, where name of petitioner was
disclosed to informant by unknown person. It is pointed out
that on the basis of hearsay input collected from unknown
sources, the petitioner was named with present FIR. It is
submitted that even as per injury report, three injuries were
found upon the informant, where the injury found on frontal
and parietal region of the head and injury no. 2 which was of
chest pain found simple in nature whereas the third injury
the lacerated right hand, which upon examination found
fractured. It is submitted that the grievous injury was on
non-vital part and not appears repeated and, therefore, it
can be safely said that the petitioner was not under intention
to cause death of the informant.
5. Learned APP opposed the prayer of bail.
6. In view of aforesaid factual submissions and by
taking note of fact as the name of petitioner was disclosed
by the informant after five days of the occurrence, prima
facie that too on the basis of hearsay input from undisclosed
Patna High Court CR. MISC. No.26738 of 2026(2) dt.27-04-2026
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source, coupled with the fact that the injury which found
upon vital part of the body also found simple in nature,
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 of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction
of the learned A.C.J.M.-VI, Successor Court, Vaishali at
Hajipur/concerned Court, where the case is pending in
connection with Bhagwanpur P.S. Case No. 159 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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