Patna High Court
Raju Kumar (Chaukidar)versusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the alleged assault did not prima facie demonstrate an intention to cause death, and therefore bail was granted.
Summary
The petitioners Raju Kumar, Shyam Babu Paswan and Vinod Paswan were charged under multiple sections of the Bharatiya Nyaya Sanhita, 2023 and the Arms Act for allegedly assaulting an informant and his family with an iron rod and sword, causing injuries. They contended that the injuries were minor, inflicted on non‑vital parts, and that there was no intention to cause death, also asserting a clean antecedent. The prosecution argued that the FIR specifically implicated them in the assault. The court examined whether the facts established a prima facie case under Section 109 of the BNS, considering the nature of the weapons, the body parts injured, and the lack of repeated or aggravated conduct. Finding that the assault did not appear to be repeated, was on non‑vital parts, and did not demonstrate intent to cause death, the court concluded that the petitioners were entitled to bail. Accordingly, the petitioners were ordered to be released on bail upon furnishing a bond of Rs.10,000 with two sureties each.
Issues considered
- Whether the allegations against the petitioners constitute a prima facie case under Section 109 of the Bharatiya Nyaya Sanhita, 2023 indicating intention to cause death.
- Whether bail should be granted to the petitioners in view of the nature and extent of injuries and the alleged intent.
- Whether the petitioners' claim of a clean antecedent affects the bail decision.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 191(2), 191(3), 303(2), 324(2), 329(4), 351(2), 352, 482(2), 74
- Criminal Procedure Code — s. 438(2)
Subjects
- bail
- assault
- intention to cause death
- Bharatiya Nyaya Sanhita
- Arms Act
- prima facie
- clean antecedent
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40832 of 2026
Arising Out of PS. Case No.-141 Year-2026 Thana- BAKHTIYARPUR District- Patna
======================================================
1. Raju Kumar (Chaukidar), S/o Shyam Babu Paswan,
2. Shyam Babu Paswan, S/o Late Munshi Paswan,
3. Vinod Paswan, S/o Shyam Babu Paswan,
All are resident of Village- Badaki Mahammadpur, P.S.- Bakhtiyarpur,
Distt.- Patna.
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Shivjee Singh, Advocate
For the Opposite Party/s : Mr. Ajay Kumar No. 2, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 24-06-2026 Heard learned counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. The accused/petitioners are named in the FIR
and apprehending their arrest in connection with
Bakhtiyarpur P.S. Case No.141 of 2026 registered under
Sections 191(2), 191(3), 126(2), 115(2), 74, 118(1), 109,
329(4), 324(2), 303(2), 352, 351(2) Bhartiya Nyaya
Sanhita, 2023 (in short ‘BNS’) and Section 27 of the Arms
Act.
3. As per FIR, petitioners along with 17 named co-
accused persons assaulted the informant and his family
members by using iron rod and sword, causing head and
Patna High Court CR. MISC. No.40832 of 2026(2) dt.24-06-2026
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bodily injuries, having intention to cause their death. It is
alleged that the occurrence took place in the background of
previous enmities.
4. It is submitted by learned counsel appearing for
petitioners that allegation of assault is available against 17
named co-accused persons including these petitioners, where
petitioner no.1 alleged to assault on the hand of injured
Kundan Kumar by using sword, similarly, petitioner no.2
alleged to assault Kundan Kumar again by using iron rod,
whereas petitioner no.3 namely, Vinod Paswan alleged to
assault Pappu Paswan by using iron rod on head. It is
pointed out that the injuries as alleged to be caused by
petitioner no.3, namely, Vinod Paswan, upon medical
examination found simple in nature, whereas the injuries as
alleged to be caused by petitioner no. 1, namely, Raju
Kumar was on the non-vital part. It is pointed out that the
injuries as alleged to be caused by petitioner nos. 1 and 2
are not available on record and moreover the assault as
alleged to be caused by these two petitioners not alleged to
be repeated, without having any intervening circumstances,
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suggesting sufficiently that they were not under intention to
cause their death. It is further argued that the present
occurrence took place in the retaliation of Bakhtiyarpur P.S.
Case No. 139 of 2026 lodged by petitioner no.3, namely,
Vinod Paswan, where petitioners’ side received bodily injuries
and to counter the aforesaid case, the present case was
lodged. It is submitted that as to constitute a prima facie
case under Section 109 of the BNS, several factors are
required to be taken into consideration like, nature of
weapons, the body parts where alleged assault was made,
the manner of assault, the nature of injuries, conduct of
accused persons during the occurrence, etc. In support of his
submission, learned counsel has relied upon legal report of
Hon’ble Supreme Court as available through State of
Himachal Pradesh vs. Shamsher Singh [2025 SCC
OnLine SC 807]. The petitioners claimed clean antecedent.
5. Learned APP while opposing the prayer of bail
submitted that the allegation as to cause physical assault is
specifically available against these petitioners.
6. In view of aforesaid factual submissions and by
Patna High Court CR. MISC. No.40832 of 2026(2) dt.24-06-2026
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taking note of fact as also the overall nature of injuries,
where the assault as alleged prima facie not appears
repeated, without having any intervening circumstances,
where assault alleged was also made on non-vital part of the
body prima facie negating the intention to cause death,
accordingly, the all above-named three petitioners, in the
event of their arrest or surrender in the court below within a
period of four weeks, are directed to be released on bail on
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)
each with two sureties of the like amount each to the
satisfaction of the learned Additional Chief Judicial
Magistrate-III, Barh, Patna in connection with Bakhtiyarpur
P.S. Case No.141 of 2026, subject to the conditions as laid
down under Section 438(2) of the CrPC/under Section
482(2) of the BNSS.
(Chandra Shekhar Jha, J.)
Raushan/-
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