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Patna High Court

Akhilesh kumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court allowed the bail application, directing release on bail with conditions.

Summary

The petitioner, Akhilesh Kumar, was arrested in connection with a violent land‑dispute incident and charged under Sections 126(2), 115(2), 109(1), 303(2) and 3(5) of the B.N.S. He claimed to have a clean antecedent and argued that the allegations of assault were exaggerated. The petitioner sought bail, asserting that he would cooperate with the trial and not abscond. The State opposed the bail application, contending the seriousness of the offenses. The Court, after considering the submissions, ordered the petitioner’s release on bail upon furnishing a bail bond of Rs.10,000 with two sureties of equal amount, and warned that the bail could be cancelled if the trial is delayed. The application was therefore allowed.

Issues considered

  • Whether bail should be granted to the petitioner charged with multiple assault offences under the B.N.S.

Legislation cited

  • B.N.S. — s. 109(1), 115(2), 126(2), 303(2), 3(5)

Subjects

  • bail
  • assault
  • land dispute
  • criminal procedure
  • B.N.S. sections

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3497 of 2026
                  Arising Out of PS. Case No.-290 Year-2025 Thana- JOGAPATTI District- West Champaran
                 ======================================================
                 Akhilesh Kumar, S/O Ramnarayan Mahto @ Ramnarayan Prasad R/O Vill.-
                 Prayagwa,Paregwa, Ward No. 3, P.s- Yogapatti, District- West Champaran

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Bimlesh Kumar Pandey
                 For the Opposite Party/s :       Mr.Rabindra Kumar- A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   03-04-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offences punishable under Sections 126(2), 115(2), 109(1),

                   303(2), 3(5) of the B.N.S.

                                3. The learned counsel for the petitioner submits that

                   the petitioner is a person with clean antecedent and the

                   informant alleges that he was constructing his boundary wall

                   when accused persons came and started abusing. On objection,

                   Akhilesh Kumar (petitioner) gave orders to assault, on which

                   Vinay assaulted him by farsa twice causing injury on head,

                   thereafter petitioner and Brajesh assaulted indiscriminately by

                   rod causing injury on arm and chest thereafter Rajesh caught

                   Shashi Bhushan and petitioner tried to strangulate him with a
Patna High Court CR. MISC. No.3497 of 2026(2) dt.03-04-2026
                                            2/3




          towel and thereafter Brajesh assaulted him by rod causing injury

          on head and petitioner along with Rajesh injured his ear and

          back. Further, petitioner assaulted Pawan by rod causing injury

          near right eye, thereafter Abhay assaulted him by lathi and

          Vinay snatched chain of Pawan. Further, Abhay assaulted Ramu

          by lathi causing injury on head, thereafter Ram Narayan

          assaulted him by rod indiscriminately causing injuries on ear,

          mouth and back and Akash assaulted Vicky by rod causing

          injury on head. Further, Abhay assaulted him by lathi causing

          injury on hand, back and on both legs.

                       4. The learned counsel for the petitioner submits that

          on account of dispute relating to land, both sides assaulted each

          other. It is further submitted that no doubt, allegation against

          this petitioner is of assault, but then, the allegations are

          exaggerated and the petitioner is in custody since 19.11.2025

          and charge-sheet has been submitted. It is also submitted that if

          privilege of regular is granted to the petitioner, the petitioner

          will not abscond rather will cooperate in the trial to prove his

          innocence. It is further submitted that petitioner is not a

          criminal.

                       5. Learned A.P.P. Sri Rabindra Kumar opposes the

          bail application.
               Patna High Court CR. MISC. No.3497 of 2026(2) dt.03-04-2026
                                                           3/3




                                      6. Considering the submissions made by the learned

                         counsel appearing on behalf of the petitioner, the petitioner,

                         above-named, is directed to be released on bail on his furnishing

                         bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand)

                         with two sureties of the like amount each to the satisfaction of

                         learned Court below where the case is pending in connection

                         with Yogapatti P. S. Case No.290 of 2025.

                                      7. The application stands allowed.

                                      8. However, it is made clear that if the learned trial

                         court comes to a conclusion that petitioner after her release is

                         trying the delay the framing of charge or after framing of charge

                         is trying to delay the trial in both the conditions, the learned trial

                         court shall be at liberty to cancel the bail bonds of the petitioner.




                                                   (Satyavrat Verma, J)
vikash/-

U          T


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