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Patna High Court

Prasant Kumar @ Prasant Kumar SinghversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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