Created by Fuzzy Cloud

Patna High Court

Raushan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                          3/3




                                     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/-

U         T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.