Patna High Court
Raushan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court held that bail should be granted to the petitioners subject to a bond and sureties under Section 482(2) of the BNS.
Summary
The petitioners, Raushan Kumar and Sanni Kumar, were charged under multiple sections of the Bharatiya Nagarik Suraksha Sanhita (BNS) for allegedly assaulting the son and husband of an informant, causing simple injuries. They filed a bail petition fearing arrest. The State opposed the bail. The Court examined the nature of the injury, the seriousness of the offenses, and the circumstances, and decided to grant bail on the condition that each petitioner furnish a bail bond of Rs.10,000 with two sureties of equal amount, and comply with the conditions under Section 482(2) of the BNS. The order was pronounced by Justice Prabhat Kumar Singh. Consequently, the petitioners were released on bail pending further proceedings.
Issues considered
- Whether bail should be granted to the petitioners charged under sections 126(2), 115(2), 109, 74, 303(2), 352, 351(2) and 3(5) of the BNS given the nature of the alleged assault and injuries.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2), 352, 482(2), 74
Subjects
- bail
- criminal procedure
- assault
- Bharatiya Nagarik Suraksha Sanhita
- Section 482
- injury
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39657 of 2026
Arising Out of PS. Case No.-110 Year-2025 Thana- Amhara District- Lakhisarai
======================================================
1. Raushan Kumar S/o- Karu Ram R/v- Ramnagar Ps- Amahara Dist-
Lakhisarai
2. Sanni Kumar S/o- Dinesh Mandal R/v- Ramnagar Ps- Amahara Dist-
Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rabi Bhushan, Advocate
For the Opposite Party/s : Mr. Pramod Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 24-06-2026 Heard learned counsel for the petitioners and
the State .
2. Petitioners apprehend arrest in a case registered for
the offence punishable under sections 126 (2), 115 (2), 109, 74,
303 (2), 352, 351 (2) and 3 (5) of BNS.
3 . As per F.I.R, informant alleged, that these
petitioners along with other co-accused persons assasulted son
and husband of informant, due to which they sustained injuries.
Doctor has found the injuries simple in nature. Case and counter
case.
4. Learned counsel for the State opposed the bail
petition .
Patna High Court CR. MISC. No.39657 of 2026(2) dt.24-06-2026
2/2
5 . Considering the aforesaid facts, nature of injury,
and other circumstances of the case , in the event of arrest or
surrender within eight weeks from today, let the petitioners, as
named above, be enlarged on bail on furnishing bail bond of
Rs.10,000/-(ten thousand) each with two sureties of the like
amount each to the satisfaction of the learned ACJM-III,
Lakhisarai in connection with Amahra P.S. Case No. 110 of
2025 , subject to the conditions laid down under section 482(2)
of the Bharatiya Nagarik Suraksha Sanhita , 2023 .
(Prabhat Kumar Singh, J)
Koushik/Alok
Raj-
U T
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