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Patna High Court

Vijay KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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