Patna High Court
Prasant Kumar @ Prasant Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner.
Summary
The petitioner, Prasant Kumar, was arrested in connection with a case registered under Sections 126(2), 115(2), 118(1), 109, 352 and 3(5) of the Bihar Penal Code, alleging that he and others assaulted the informant's son with a knife. The petitioner contended that he was falsely implicated, that the FIR did not specifically identify the assailant, and that the injury to the victim was simple in nature. He also highlighted that he had been in judicial custody since 26‑02‑2026 and possessed only one prior criminal antecedent. The State opposed the grant of regular bail. After considering the facts, the Court found the allegations to be general and the injury minor, and therefore inclined to enlarge bail. Consequently, the petitioner was released on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties of equal amount.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious charges under the Bihar Penal Code.
Legislation cited
- Bihar Penal Code — s. 109, 115(2), 118(1), 126(2), 3(5), 352
Subjects
- regular bail
- assault
- Bihar Penal Code
- criminal procedure
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28400 of 2026
Arising Out of PS. Case No.-178 Year-2026 Thana- MADHAURAH District- Saran
======================================================
Prasant Kumar @ Prasant Kumar Singh son of Satyendra Kumar Singh @
Satyendra Kumar Resident of Village -Deo Bahuara PS -Marhowrah, Dist-
Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gajendra Kumar Singh, Advocate
For the Opposite Party/s : Mr. Shahabuddin Azeem @ S. Azeem, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 05-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for grant of regular bail
in connection with a case registered for the offences punishable
under Sections 126(2), 115(2), 118(1), 109, 352 and 3(5) of the
BNS.
3. The case of the prosecution, in brief, is that the
petitioner, along with others, allegedly assaulted the son of the
informant with a knife while they were passing by their truck. It
is further alleged that two persons were apprehended by the
police.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in the
present case. It is further submitted that from the perusal of the
Patna High Court CR. MISC. No.28400 of 2026(2) dt.05-05-2026
2/2
F.I.R., it is not clear as to who specifically assaulted the son of
the informant. It is also submitted that from the perusal of the
order of the learned Trial Court, it would transpire that the
injury found on the informant's son is simple in nature. Learned
counsel further submits that the allegations are general and
omnibus in nature and that the injury sustained by the son of the
informant is simple. Moreover, the petitioner is in judicial
custody since 26.02.2026 and has only one criminal antecedent.
5. Learned APP appearing for the State has opposed
the prayer for regular bail.
6. Considering the aforesaid facts and circumstances
of the case, this Court is inclined to enlarge the petitioner on
bail.
7. Accordingly, the above-named petitioner is directed
to be released on bail in connection with Morhowrah P.S. Case
No. 178 of 2026 on furnishing bail bonds of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of the learned Sessions Judge, Saran at Chapra.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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