Patna High Court
Vijay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted bail to the petitioner, finding the injury simple and the assault not repeated.
Summary
Vijay Kumar was arrested in connection with an FIR under multiple provisions of the Bharatiya Nyaya Sanhita, 2023, alleging assault on an informant that caused a head injury and was purportedly intended to cause death. The petitioner contended that the injury was simple, resulted from a single blow, and was not inflicted with a weapon, as supported by the medical report. He also highlighted that he was already on bail in another criminal matter. The prosecution opposed bail, citing the seriousness of the charges. The court observed that the assault was not repeated and the injury was simple, concluding that bail was appropriate. Accordingly, the court ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under CrPC Section 438(2) and BNSS Section 482(2).
Issues considered
- Whether the nature and severity of the alleged assault justify denial of bail under CrPC and BNSS provisions
- Whether the medical evidence indicating a simple, single injury negates the charge of repeated assault with intent to cause death
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 351(3), 352, 74
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- bail
- assault
- injury
- Bharatiya Nyaya Sanhita
- CrPC
- BNSS
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39208 of 2026
Arising Out of PS. Case No.-32 Year-2026 Thana- Benibad District- Muzaffarpur
======================================================
Vijay Kumar, Son of Late Raj Kumar Thakur, Resident of Village-Janta
Bichla Tola, P.S.- Benibad, District- Muzaffarpur.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Hari Kishore Thakur, Advocate
For the Opposite Party/s : Mr. Ganesh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 18-06-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and
apprehending his arrest in connection with Benibad P.S.
Case No.32 of 2026 registered under Sections 126(2),
115(2), 118(1), 303(2), 352, 74, 351(2) & (3) read with
3(5) of the Bharatiya Nyaya Sanhita, 2023 (in short (‘BNS’)
3. Allegation against the petitioner is to assault
the informant and others during course of occurrence
causing head and bodily injury, where assault was alleged to
be made with intention to cause death.
4. It is submitted by learned counsel appearing for
the petitioner that the allegation qua causing injury on head
Patna High Court CR. MISC. No.39208 of 2026(2) dt.18-06-2026
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of the informant by this petitioner is specifically available as
to cause by using farsa but, upon medical examination, said
injury was found simple in nature. It is submitted that the
injury report also suggest that only single injury was found
upon, negating any repeated assault by this petitioner.
Explaining the criminal antecedent, it is submitted that
petitioner found involved in one more criminal case, where
he is on bail.
5. Learned APP has opposed the prayer of bail.
6. In view of the aforesaid facts and
circumstances, as assault alleged to be caused by this
petitioner was not repeated, where upon medical
examination, the nature of injury found simple, accordingly,
the petitioner, above-named, in the event of his arrest or
surrender in the court below within a period of four weeks, is
directed to 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 the learned J.M.- 1 st
Class, Court No. 13, Muzaffarpur (East) in connection with
Benibad P.S. Case No.32 of 2026, subject to the conditions
Patna High Court CR. MISC. No.39208 of 2026(2) dt.18-06-2026
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as laid down under Section 438(2) of the Code of Criminal
Procedure (in short ‘CrPC’)/under Section 482(2) of the
Bhartiya Nagrik Suraksha Sanhita, 2023 (in short ‘BNSS’).
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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