Patna High Court
Keshav KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted bail to the petitioner, finding the injuries simple and not indicative of intent to cause death.
Summary
The petitioner, Keshav Kumar, was named in an FIR for multiple offences under the Bihar Negotiable Statutes (BNS) arising from an alleged assault during a land dispute. He was accused of using a lathi and fists to cause head and bodily injuries with intent to cause death. The petitioner’s counsel argued that the injuries were simple and could not have been caused by the alleged weapons, thereby negating the intention to cause death, and claimed false implication. The State opposed bail, citing the seriousness of the charges and the petitioner’s involvement in other cases. The court, after considering the medical evidence and the nature of the injuries, directed that the petitioner be released on bail with a bond of Rs. 10,000 and two sureties, subject to conditions under Section 482(2) of the BNSS. The bail order also imposed a restriction on committing similar offences during the trial.
Issues considered
- Whether the nature of the injuries and medical evidence negate the alleged intention to cause death, justifying bail.
- Whether bail should be granted despite multiple serious charges under the BNS and the petitioner’s involvement in other cases.
Legislation cited
- Bihar Negotiable Statutes (BNS) — s. 109(1), 115(2), 126(2), 303(2), 3(5), 351(2), 352, 74
- Bihar Negotiable Statutes (BNSS) — s. 482(2)
Subjects
- bail
- assault
- land dispute
- medical evidence
- intention to cause death
- Bihar Negotiable Statutes
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40087 of 2026
Arising Out of PS. Case No.-36 Year-2026 Thana- BARHIYA District- Lakhisarai
======================================================
Keshav Kumar Son of Markandey Singh Resident of village - Barhaiya Ward
no. 7, Ramcharan tola Duanni, Ps- Barhaiya, Dist- Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rabi Bhushan
For the Opposite Party/s : Mr.Sanjay Kumar Tiwary
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 22-06-2026 Heard the parties.
2. The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Barahiya P.S.
Case No. 36/2026 registered for the offences punishable
under Sections 126(2), 115(2), 109(1), 303(2), 74, 352,
351(2) and 3(5) of the BNS.
3. The allegation against petitioner is to assault
informant by using lathi, hand fist etc., causing head and
bodily injuries having intention to cause death of
informant/injured, where occurrence alleged to arises out of
land dispute.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that present false implication took
place in the background of land dispute. It is submitted that
Patna High Court CR. MISC. No.40087 of 2026(2) dt.22-06-2026
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nature of injury is not supporting the weapons, which alleged
to cause assault during the occurrence. It is submitted that
nature of injury upon medical examination is not possible to
be caused by assault made by hand and fist. It is submitted
that upon medical examination nature of injuries found
simple in nature, negating intention to cause death. While
concluding argument, it is submitted that petitioner found
involved in two more criminal cases, where he is on bail.
5. Learned APP opposes the prayer of bail.
6. In view of aforesaid factual and legal submission
and by taking note of fact as nature of injury as alleged to
be caused by petitioner upon medical examination found
simple in nature, accordingly petitioner above-named, in the
event of his arrest or surrender before the court below within
a period of four weeks, is directed to be released on bail,
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction
of the learned ACJM 1st, Lakhisarai/concerned Court, where
the case is pending in connection with Barahiya P.S. Case
No. 36/2026, subject to the conditions as laid down under
Patna High Court CR. MISC. No.40087 of 2026(2) dt.22-06-2026
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Section 482(2) of BNSS with a condition:-
(i) That petitioner shall not involve in the
similar nature of offence till the conclusion
of trial, failing which, the State shall be at
liberty to move before the Trial Court itself
for the cancellation of bail bond of the
petitioner.
(Chandra Shekhar Jha, J)
S.Tripathi/-
U T
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