Patna High Court
Badal Kumar @ Badal KuymarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that bail should be granted to the petitioners subject to a bond and conditions under Section 482(2) of the BNSS.
Summary
The petitioners, four shopkeepers, were arrested in a case alleging extortion, assault and related offences under multiple sections of the Bharatiya Nagarik Suraksha Sanhita (BNSS). They contended that the dispute arose from a petty quarrel between shopkeepers, the injuries inflicted were minor, and the allegations were exaggerated to make the case appear more serious. The State opposed the bail application. The court considered the nature of the injuries, the petitioners' clean antecedents, and the circumstances of the case. It ordered that the petitioners be released on bail upon furnishing a bond of Rs.10,000 with two sureties each, subject to conditions under Section 482(2) of the BNSS. The bail was to be granted if the petitioners surrendered within eight weeks.
Issues considered
- Whether bail should be granted to the accused despite charges under sections 191(2), 191(3), 190, 126, 121(1), 117, 109, 308(5), 303(2), 352 and 351(2) of the BNSS.
- Whether the nature of the alleged injuries and the petitioners' clean antecedent justify bail.
- Whether Section 482(2) of the BNSS can be invoked to impose conditions on bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 109, 117, 121(1), 126, 190, 191(2), 191(3), 303(2), 308(5), 351(2), 352, 482(2)
Subjects
- bail
- criminal procedure
- extortion
- assault
- clean antecedent
- BNSS
- Section 482
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3346 of 2026
Arising Out of PS. Case No.-76 Year-2025 Thana- DALSINGHSARAI District- Samastipur
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1 . Badal Kumar @ Badal Kuymar S/O Vijay Rai @ Vijay Roy @ Vijay
Palawal @ Vijay Ray @ Vijay Kumar Ray @ Phalwan R/O Village -
Makdampur Koniala , Police Station - Dalsingsarai , District - Samastipur.
2. Bijli Kumar S/O Vijay Rai @ Vijay Roy @ Vijay Palawal @ Vijay Ray @
Vijay Kumar Ray @ Phalwan R/O Village- Makdampur Konaila, P.S-
Dalsingsarai, Distt.- Samastipur.
3. Ram Lollin Rai @ Ram Lolon Ray S/O Ram Narayan Rai @ Ram Narayan
Ray R/O Village- Mahesari, P.S- Ujiyarpur, Distt.- Samastipur.
4. Rahul Kumar @ Rahul Malakar S/O Late Ashok Kumar Malakar R/O
Village- Bhagwanpur Chakshekhu, P.S- Dalsingsarai, Distt.- Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mahendra Pratap, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 02-02-2026 Heard learned counsel for the petitioners and the
State .
2. Petitioners apprehend their arrest in a case
registered for the offence punishable under sections 191 ( 2 ),
191 (3) , 190, 126, 121 (1) , 117, 109, 308 (5) , 303 ( 2 ), 352,
and 351 ( 2 ) of BNS.
3. As per F.I.R., these petitioners along with other
named accused persons armed variously , came at the shop of
Patna High Court CR. MISC. No.3346 of 2026(2) dt.02-02-2026
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informant and demanded extortion and upon refusal, assaulted
informant and others and took Rs. 25,0000/- from the box kept
at the shop .
4. It is submitted on behalf of the petitioners that
both the parties are shopkeepers in Bazar Samiti Dalsingsarai
and due to petty dispute , a quarrel took place between the
parties in which both sides inflicted injuries on each other. Case
and counter case . Allegation of assault is general and omnibus
against these petitioners. Injuries caused by these petitioners are
simple in nature . Rest of the allegations are ornamental in
nature to make the case grave . Petitioners claim clean
antecedent.
5 . Learned counsel for the State oppose the bail
petition .
6 Considering the nature of injury , clean antecedent
of these petitioners and other circumstances of the case , in the
event of arrest or surrender within eight weeks from today, let
the petitioners, as named above, be enlarged on bail on
furnishing bail bond of Rs.10,000/-(ten thousand) each with two
sureties of the like amount each to the satisfaction of the learned
Additional Chief Judicial Magistrate Dalsingsarai, Samastipur
in connection with Dalsingsarai P.S. Case No. 76 of 2025 ,
Patna High Court CR. MISC. No.3346 of 2026(2) dt.02-02-2026
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subject to the conditions laid down under section 482 ( 2 ) of the
Bharatiya Nagarik Suraksha Sanhita ( BNSS) , 2023 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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