Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The Court held that bail should be granted to petitioners 1, 2 and 4 subject to conditions under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
Summary
The petitioners, four men from Munger district, were charged under several sections of the Bharatiya Nyaya Sanhita, 2023 for allegedly assaulting the son of an informant with a lathi, danda and iron rod, causing serious injuries and threatening the informant. Petitioners 1, 2 and 4 applied for pre‑arrest bail, arguing that the incident stemmed from a dispute over alleged eve‑teasing, that the FIR was lodged three days after the occurrence without a plausible explanation, and that the informant was not an eye‑witness. The State opposed bail, contending that the accused had actively participated in a brutal assault resulting in grievous injury. The Court noted the delay in filing the FIR, the non‑eye‑witness status of the informant, the nature of the injury on a non‑vital part of the body, and the petitioners' clean antecedents. Accordingly, the Court granted bail to petitioners 1, 2 and 4 subject to a bond of Rs.10,000 with two sureties and compliance with Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- Whether pre‑arrest bail should be granted to petitioners 1, 2 and 4 under the circumstances of the case
- Whether the delay in lodging the FIR and the lack of an eye‑witness affect the bail decision
- Whether the nature and location of the alleged injuries justify denial of bail
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 117(2), 126(2), 3(5), 351, 352
Subjects
- bail
- assault
- delay in FIR
- eye-witness
- fair antecedent
- criminal procedure
- Bharatiya Nyaya Sanhita
- Bharatiya Nagrik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2735 of 2026
Arising Out of PS. Case No.-97 Year-2025 Thana- NAYA RAM NAGAR District- Munger
======================================================
1. Rahul Kumar S/o- Sawan Bind Village- Raghunath Singh Tola Patam PS-
Nayaram Nagar, Dist- Munger
2. RAwan Kumar @ Raman Kumar S/o- Pawan Bind Village- Raghunath
Singh Tola Patam PS- Nayaram Nagar, Dist- Munger
3. Pawan Bind S/o- Late Vishnudeo Bind @ Late Bisun Bind @ Late Bisun
Deo Bind Village- Raghunath Singh Tola Patam PS- Nayaram Nagar, Dist-
Munger
4. Sawan Bind @ Savan Kumar S/o- Late Vishnudeo Bind @ Late Bisun Bind
@ Late Bisun Deo Bind Village- Raghunath Singh Tola Patam PS- Nayaram
Nagar, Dist- Munger
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashi Saurabh, Advocate
For the Opposite Party/s : Mr. Lakshmi Kant Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 04-02-2026 Heard learned Advocate appearing on behalf of the
petitioners and the learned Additional Public Prosecutor for the
State.
2. At the outset, the learned Advocate for the
petitioners submits that during the pendency of the present case,
the petitioner no. 3 has got arrested, as such, he seeks permission
to withdraw the bail application of the petitioner no. 3.
3. Permission is accorded.
4. The petitioner nos. 1, 2 and 4 are apprehending
their arrest in connection with Nayaram Nagar P.S. Case No.
Patna High Court CR. MISC. No.2735 of 2026(2) dt.04-02-2026
2/4
97 of 2025, registered for the offences punishable under
Sections 126(2), 115(2), 117(2), 109, 351, 352 and 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
5. Allegation against the petitioner is of causing
assault to the son of the informant by means of lathi, danda and
iron rod due to which he sustained serious injuries. The
petitioners also threatened the informant and his son to dire
consequences.
6. Learned Advocate appearing on behalf of the
petitioners submitted that in fact on account of dispute regarding
some eve teasing with the daughter of the petitioner no. 3, a
scuffle took place which resulted into some unfortunate injuries.
Moreover, there is a counter version of the present case bearing
Complaint Case No. 1009C of 2025, instituted by the wife of
petitioner no. 3. From the reading of the FIR, it is evident that
there is omnibus allegation against all the accused persons
including the petitioners. It has not been specifically alleged that
as to in what manner the petitioners have participated in the
crime. So far the injuries which are allegedly sustained to the
son of the informant, though, one of the injuries is grievous in
nature, however, the same is on non-vital part of the body, as is
evident from Annexure-P/3 of the bail application. It is lastly
Patna High Court CR. MISC. No.2735 of 2026(2) dt.04-02-2026
3/4
submitted that the occurrence took place on 04.10.2025 but the
present FIR came to be instituted on 07.10.2025, however, there
is no plausible explanation for delay in lodging the FIR.
Moreover, the informant is not an eye-witness to the alleged
occurrence. petitioner nos. 1, 2 and 4 are men of fair antecedent
and they undertake that they will fully cooperate in the
proceeding of the Court.
7. On the other hand, learned Advocate for the State
vehemently opposed the pre-arrest bail application and submits
that the petitioner nos. 1, 2 and 4 have actively involved and
brutally assaulted the son of the informant which lead to
grievous injury.
8. Having considered the submissions advanced by
learned Advocate for the respective parties and taking note of
the delay in lodging of the FIR beside the nature of injury as
well as the fact that the informant is not an eye-witness to the
occurrence, besides the fair antecedent of the petitioner nos. 1, 2
and 4, let the petitioner nos. 1, 2 and 4 be released on bail, in the
event of their arrest or surrender before the court below within a
period of four weeks from the date of receipt/production of a
copy of this order, upon furnishing bail bonds of Rs.10,000/-
(ten thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.2735 of 2026(2) dt.04-02-2026
4/4
satisfaction of the learned J.M., 1st Class, Munger, in connection
with Nayaram Nagar P.S. Case No. 97 of 2025, subject to the
conditions laid down in Section 482(2) of the Bharatiya Nagrik
Suraksha Sanhita, 2023 with the further condition that one of
the bailors shall be the own/close family members of the
petitioner.
(Harish Kumar, J)
khushbu/-
U T
Checking your session…