Patna High Court
Raushan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted bail to both petitioners, finding no substantive reason to deny it.
Summary
The petitioners, Raushan Kumar and his wife Nitu Kumari, were named in an FIR (PS 68/2026) for alleged assault on an informant's family using weapons such as iron rods and lathis. They contended that the case was false, arising from an inimical relationship with the informant, and that they were not armed at the time of the incident. The prosecution opposed bail, citing multiple offences under the Bhartiya Nayay Sanhita 2023. The court noted the petitioners' clean antecedent, the lack of evidence that they possessed weapons, and the hostile relationship between the parties. Accordingly, the court ordered their release on bail of Rs 10,000 each with two sureties, subject to conditions under Section 482(2) of the BNSS.
Issues considered
- Whether bail should be granted to the accused despite the serious charges under Sections 126(2), 115(2), 109(1), 74, 303(2), 352, 351(2), 351(3), 3(5) of the Bhartiya Nayay Sanhita 2023.
- Whether the alleged lack of weapon possession and the claim of a false case affect the bail decision.
Legislation cited
- Bhartiya Nayay Sanhita, 2023 — s. 109(1), 115(2), 126(2), 303(2), 3(5), 351(2), 351(3), 352, 482(2), 74
Subjects
- bail
- assault
- false case
- criminal procedure
- Bhartiya Nayay Sanhita
- clean antecedent
- inimical relations
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27146 of 2026
Arising Out of PS. Case No.-68 Year-2026 Thana- KAKO District- Jehanabad
======================================================
1. Raushan Kumar S/o Shiv Pujan Sharma, Resident of Village- Bhelawar, PS-
Kako, Bhelawar, District- Jehanabad.
2. Nitu Kumari W/o Raushan Kumar, Resident of Village- Bhelawar, PS-
Kako, Bhelawar, District- Jehanabad.
... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Madhumay Madhup, Advocate
For the Opposite Party/s : Mr.Mithlesh Kumar Khare, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 28-04-2026 Heard learned counsel appearing on behalf of the
petitioners and learned Additional Public Prosecutor
appearing on behalf of the State.
2. The accused/petitioners named in FIR and
apprehending their arrest in connection with Kako
(Bhelawar) P.S. Case No. 68 of 2026 registered for the
offences punishable under Sections 126(2), 115(2), 109(1),
74, 303(2), 352, 351(2), 351(3), 3(5) of Bhartiya Nayay
Sanhita 2023.
3. The allegation against the petitioners is to
assault informant and his family members by means of using
iron rod, lathi etc. When the father, brother and mother of
Patna High Court CR. MISC. No.27146 of 2026(2) dt.28-04-2026
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the informant noticing the crying of the informant came to
rescue her, they were also assaulted by accused persons.
4. It is submitted by learned counsel appearing on
behalf of the petitioners that parties are in inimical terms
and for that reasons, the present false case was lodged. It is
submitted that subsequent to this case the petitioners’s side
also lodged a case, which was registered against the
informant and others as Kako Bhelawar P.S. Case No. 72 of
2026. It is pointed out that admittedly the petitioners were
not equipped with any weapon and, therefore, the question
does not arise to assault the father, brother and mother of
the informant. In fact, as per statement of the father of
informant, co-accused Ankit and Sankit were equipped with
iron rod and, therefore, it was their assault which might
cause shoulder injuries to the father of the informant.
Allegation of snatching golden chain and also to hold hand of
the informant by these petitioners is also unbelievable. It is
submitted that petitioner no. 2 implicated being wife of
petitioner no. 1. Both petitioners claimed clean antecedent.
5. Learned APP opposed the prayer of bail.
Patna High Court CR. MISC. No.27146 of 2026(2) dt.28-04-2026
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6. In view of aforesaid factual submissions and by
taking note of fact as the parties are in inimical terms, where
admittedly petitioner no. 1 not alleged equipped with any
weapon during the occurrence, where petitioner no. 2, prima
facie appears implicated being wife of petitioner no. 1 with
present crime in question, accordingly, both above named
petitioners, who are of clean antecedent in the event of their
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) each with two sureties of the like amount each to
the satisfaction of the learned S.D.J.M.,
Jehanabad/concerned Court, where the case is pending in
connection with Kako (Bhelawar) P.S. Case No. 68 of 2026
subject to the conditions as laid down under Section 482(2)
of the BNSS.
(Chandra Shekhar Jha, J)
veena/-
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