Patna High Court
Pawan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted bail to the petitioner, finding no sufficient ground to deny it.
Summary
The petitioner, Pawan Kumar, was arrested in connection with an assault on an informant's mother, alleged to have been carried out with a lathi and iron rod. The FIR lists multiple offences under the B.N.S. and Section 27 of the Arms Act, but the injury report shows only a single non‑vital injury, later described as grievous. The petitioner argued that there was no intention to kill, making Section 109 inapplicable, and highlighted his clean antecedent and short custody period since 23‑03‑2026. The State opposed bail, relying on the FIR allegations. The Court, noting the general nature of the assault, the non‑vital location of the injury, and the petitioner’s clean record, granted bail on a bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted to the accused in a case involving multiple offences under the B.N.S. and the Arms Act
- Whether the alleged assault attracts Section 109 of the B.N.S. requiring intent to kill
- Whether the nature and location of the injury justify denial of bail
Legislation cited
Subjects
- bail
- assault
- grievous injury
- intent to kill
- Section 109
- non‑vital injury
- clean antecedent
- Arms Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36370 of 2026
Arising Out of PS. Case No.-65 Year-2026 Thana- Ramgarh Chowk District- Lakhisarai
======================================================
Pawan Kumar S/O Rajendra Yadav R/O Village- Shekhopurwa, P.S- Ramgarh
Chowk, Distt.- Lakhisarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Parmanand Pd. Nr. Sahi, Advocate
For the Opposite Party/s : Mr. Shahabuddin Azeem @ S. Azeem, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 10-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in a case registered for
the offence punishable under Sections 191(2), 190, 126(2),
115(2), 109(1), 329(4), 324(2), 117(2), 303(2), 352 and 351(3)
of the B.N.S. and Section 27 of the Arms Act.
3. As per the prosecution case, the petitioner along
with others is said to have assaulted the informant and his
family members.
4. Learned counsel for the petitioner submits that
the First Information Report discloses an allegation that the
accused persons assaulted the informant and her family
members. So far as the allegation on the petitioner is
concerned, it has been stated that he alongwith two others
Patna High Court CR. MISC. No.36370 of 2026(2) dt.10-06-2026
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assaulted the informant’s mother by means of lathi and iron
rod, however, as against the assault by three persons the injury
report (Annexure-P/3) discloses only one injury in the nature of
pain and swelling in left thigh/hip region with inability to
move. However, subsequently on the basis of radiography the
nature of injury has been said to be grievous. It is submitted
that the injury is on the non-vital part of the body and there is a
case on the side of the petitioner and the persons on the
petitioner’s side have also received injuries. Learned counsel
has submitted that the allegations demonstrate that there could
not have been any intention to kill, as such, Section 109 of the
B.N.S. would not get attracted and the petitioner having clean
antecedent, is in custody since 23.03.2026.
5. Learned APP for the State opposed the grant of
bail on the basis of allegations made in the First Information
Report.
6. Taking into consideration the facts and
circumstances and also considering the fact that there is general
and omnibus nature of assault and the injury is on non-vital
part, let the above named petitioner, be released on bail on
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.36370 of 2026(2) dt.10-06-2026
3/3
the learned Judicial Magistrate-Ist Class, Lakhisarai/concerned
Court below in connection with Ramgarh Chowk P.S. Case No.
65 of 2026.
(Soni Shrivastava, J)
Anand/Ayush/-
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