Patna High Court
Rohit Kumar Nayak @ Rohit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the prima facie evidence does not demonstrate an intention to cause death and therefore granted bail to the petitioners.
Summary
The petitioners, Rohit Kumar Nayak and his wife Ram Sunair Devi, were named in an FIR for offences under several sections of the Indian Penal Code arising from a land‑dispute‑related assault. The FIR alleged that the informant suffered head and bodily injuries with an alleged intention to cause death, but medical evidence showed only simple injuries. The petitioners argued that the injuries were not consistent with the alleged weapon and that the wife was implicated solely due to her marital relationship, also asserting clean antecedents. The State opposed bail, contending the seriousness of the charges. The court examined the prima‑facie evidence, found no indication of intent to cause death, and held that the allegations did not warrant denial of bail. Consequently, the court directed that the petitioners be released on bail with a bond of Rs. 10,000 and two sureties, subject to conditions under Section 482(2) of the CrPC.
Issues considered
- Whether the petitioners are entitled to bail under Section 482(2) of the CrPC given the nature of the alleged offences.
- Whether the FIR and medical evidence establish a prima facie case of intent to cause death.
- Whether the wife can be implicated solely on the basis of her relationship with the husband.
Legislation cited
- Criminal Procedure Code — s. 482(2)
- Indian Penal Code — s. 109, 118(1), 303(2), 329(1), 329(4), 3(5), 351(2), 351(3), 76
Subjects
- bail
- assault
- land dispute
- simple injury
- intent to cause death
- Indian Penal Code
- Criminal Procedure Code
- Section 482
- prima facie evidence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42192 of 2026
Arising Out of PS. Case No.-295 Year-2024 Thana- PHULPARAS District- Madhubani
======================================================
1. Rohit Kumar Nayak @ Rohit Kumar Son of Bhola Sah Resident of Village-
Brahampur, P.S.- Phulparas, District- Madhubani
2. Ram Sunair Devi @ Ram Sundari Devi Wife of Bhola Sah Resident of
Village- Brahampur, P.S.- Phulparas, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ramchandra Jha Raman
For the Opposite Party/s : Mr.Pronoti Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 06-07-2026 Heard the parties.
2. The petitioners are named in the F.I.R. and
apprehending their arrest in connection with Phulparas P.S. Case No.
295/2024 registered for the offences punishable under Sections
329(4), 329(1), 118(1), 109, 76, 303(2), 351(2), 351(3) and 3(5) of
the BNS.
3. As per FIR, petitioners alleged informant causing head
and bodily injuries by means of farsa, where alleged assault was
made with an intention to cause death, which took place in the
background of land dispute.
4. It is submitted by learned counsel appearing on behalf
of the petitioners that petitioner no.1 assaulted on the head of the
informant and another injured Shambhu Sah during the occurrence. It
is submitted that only single injury was found which also not appears
corroborating with the nature of weapon and further nature of injury
Patna High Court CR. MISC. No.42192 of 2026(2) dt.06-07-2026
2/2
upon medical examination found simple. It is submitted that
petitioner no. 2 implicated only for the reason as she is wife of
petitioner no. 1. Petitioners claimed clean antecedent.
5. Learned APP opposes the prayer of bail.
6. In view of aforesaid factual submission and by taking
note of fact as allegation qua physical assault prima-facie not appears
repeated without having any intervening circumstances, coupled with
fact, nature of injury upon medical examination found simple, prima-
facie negating intention to cause death, accordingly all above-named
petitioners, in the event of their arrest or surrender before the court
below within a period of four weeks, are directed to be released on
bail, 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 ACJM-II, Jhanjharpur, Madhubani/concerned Court,
where the case is pending in connection with Phulparas P.S. Case No.
295/2024, subject to the conditions as laid down under Section
482(2) of BNSS.
(Chandra Shekhar Jha, J)
S.Tripathi/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.