Patna High Court
Akhilesh kumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
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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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