Patna High Court
Saltu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The court granted regular bail to the petitioner.
Summary
Saltu Kumar, a 22‑year‑old resident of Kaindi village, was arrested in connection with a case (Halsi P.S. Case No. 86 of 2026) alleging that he and others, armed with bricks, lathi, stones and an iron rod, assaulted an informant, Geeta Devi, and her sons. The petitioner claimed he was falsely implicated due to local village politics, asserted a clean antecedent, and argued that a counter‑version existed showing his party also suffered injuries. The prosecution relied on the FIR and the informant’s written report, charging him under Sections 126(2), 115(2), 109(1), 75, 329(4), 352, 351(2) and 3(5) of the Bihar Non‑Compulsory Statutes (BNS). The petitioner’s counsel sought regular bail, while the State opposed it. Noting that similarly situated co‑accused had been granted bail by a coordinating bench in Cr. Misc. No. 41965 of 2026 and considering the petitioner’s clean antecedent, the court inclined to grant regular bail. Accordingly, the court ordered his release on regular bail upon furnishing a bail bond of Rs 10,000 with two sureties of equal amount.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the offences alleged under the BNS.
- Whether the existence of a clean antecedent and the grant of bail to co‑accused warrant bail for the petitioner.
- Whether the allegations of political victimisation and counter‑versions affect the bail decision.
Legislation cited
- Bihar Non‑Compulsory Statutes (BNS) — s. 109(1), 115(2), 126(2), 329(4), 3(5), 351(2), 352, 75
Subjects
- bail
- criminal procedure
- assault
- weapon offence
- political victimisation
- clean antecedent
- regular bail
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42557 of 2026
Arising Out of PS. Case No.-86 Year-2026 Thana- HALSI District- Lakhisarai
======================================================
Saltu Kumar, Male, aged about 22 years, Son of Parshuram Rajak @ Parshu
Ram, Resident of Village - Kaindi, P.S.- Halsi, District- Lakhisarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Arun Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
ORAL ORDER
2 01-07-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Halsi
P.S. Case No. 86 of 2026 instituted for the offences punishable
under Sections 126(2), 115(2), 109(1), 75, 329(4), 352, 351(2)
and 3(5) of the BNS.
3. As per the prosecution case, the petitioner and
others being armed with bricks, lathi, stones and iron rod arrived
at the door of the informant, started abusing and assaulting the
informant and her sons.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence and has
falsely been implicated in this case only on the basis of local
village politics. He submits that there is case and counter case
attributed between both the parties. He further submits that the
Patna High Court CR. MISC. No.42557 of 2026(2) dt.01-07-2026
2/3
nature of allegation is general and omnibus. He next submits
that there is a counter version that the petitioner’s party have
also received injuries. Petitioner has got clean antecedent as
stated in para 3 of the petition and he is in custody since
15.05.2026.
5. Learned APP for the State opposes the prayer for
regular bail of the petitioner.
6. From perusal of the FIR, seizure list and the
impugned order of the learned District and Additional Sessions
Judge-V, Lakhisarai dated 02.06.2026, it appears that petitioner
is named in the FIR. From perusal of the records, it also appears
that on the basis of written report of the informant, Geeta Devi,
FIR has been registered under Sections 126(2), 115(2), 109(1),
75, 329(4), 352, 351(2) and 3(5) of the BNS against the present
petitioner and the allegation against the petitioner and others is
that he being armed with bricks, lathi, stones and iron rod
arrived at the door of the informant, started abusing and
assaulting the informant and her sons. Petitioner is under
custody since 15.05.2026 having got clean antecedent as stated
in para 3 of the petition. Similarly situated co-accused persons
namely Ranbir Kumar @ Ranvir Kumar @ Ramveer Kumar and
Ravindra Kumar have been granted regular bail by a Co-
Patna High Court CR. MISC. No.42557 of 2026(2) dt.01-07-2026
3/3
ordinate Bench of this Court in Cr. Misc. No. 41965 of 2026
vide order dated 29.06.2026, so considering all these aspects of
the case and submission of learned counsel for the petitioner, I
am inclined to grant regular bail to the petitioner.
7. Accordingly the prayer for regular bail of the
petitioner is allowed. Let the petitioner above named be
released on regular bail on furnishing bail bonds of Rs. 10,000/-
(Ten Thousand) with two sureties of the like amount each to the
satisfaction of the learned Judicial Magistrate-1st Class,
Lakhisarai in connection with Halsi P.S. Case No. 86 of 2026.
(Ramesh Chand Malviya, J)
Anand Kr.
U T
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