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Patna High Court

Gulshan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that, given the general nature of the allegations, the petitioner’s clean antecedent, and the completed investigation, bail should be granted subject to statutory conditions.

Summary

The petitioner, Gulshan Kumar, was arrested in connection with an assault case alleged to have been committed with the intention to cause death, invoking multiple sections of the Bhartiya Nyaya Sanhita, 2023. He argued that the incident was a free fight, lacking any intent to kill, and highlighted his clean antecedent and the fact that the investigation was already completed with a charge‑sheet filed. The State opposed bail, contending the seriousness of the offences. The court examined the nature of the allegations, noting they were general and omnibus, and considered the petitioner’s clean record and the completed investigation. Concluding that these factors mitigated the risk of flight or tampering, the court ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 437(3) of the CrPC and Section 480(3) of the Bhartiya Nagrik Suraksha Sanhita.

Issues considered

  • Whether bail should be granted in a case involving alleged assault with intention to cause death under multiple sections of the Bhartiya Nyaya Sanhita.
  • Whether the characterization of the incident as a free fight and the petitioner’s clean antecedent justify bail.
  • Whether the completion of investigation and filing of a charge‑sheet affect the bail decision.
  • Application of Section 437(3) of the CrPC and Section 480(3) of the Bhartiya Nagrik Suraksha Sanhita in granting bail.

Legislation cited

Subjects

  • bail
  • assault
  • intention to cause death
  • general and omnibus allegations
  • clean antecedent
  • investigation completed
  • Bhartiya Nyaya Sanhita
  • CrPC
  • BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.43228 of 2026
                     Arising Out of PS. Case No.-20 Year-2026 Thana- TATARPUR District- Bhagalpur
                 ======================================================
                 Gulshan Kumar, S/o Anil Mandal, R/o Village-Rekabganj, Police Station-
                 Tatarpur, District- Bhagalpur
                                                                         ... ... Petitioner
                                               Versus
                 The State of Bihar
                                                                  ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Nityanand Neeraj, Advocate
                 For the Opposite Party/s :       Mr. Nagendra Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   03-07-2026                  Heard learned counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                                2. The accused/petitioner seeks bail in connection

                   with Tatarpur P.S. Case No.20 of 2026 registered for the

                   offences punishable under Sections 189(2), 189(4), 190,

                   191(3), 126(2), 115(2), 117(2), 109(1) and 303(2) of the

                   Bhartiya Nyaya Sanhita, 2023 (for short ‘B.N.S.’).

                                3. The accused/petitioner is named in the FIR and

                   is in custody since 30.03.2026.

                                4. As per FIR, the petitioner along with other co-

                   accused are alleged to assault the informant and others,

                   causing head and bodily injuries, where alleged assault was

                   made with intention to cause death.
Patna High Court CR. MISC. No.43228 of 2026(2) dt.03-07-2026
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                       5. It is submitted by learned counsel that the

          occurrence was free fight in nature and, therefore, it can be

          safely said that the petitioner was not under intention to

          cause death. It is submitted that the allegation qua

          committing physical assault is appearing available against 14

          accused persons including petitioner and same is very much

          general and omnibus in nature. While concluding argument,

          it is submitted that investigation of this case is already

          completed, for which, charge-sheet has been submitted and,

          as such, there is no chance of tampering with the evidence.

          The petitioner claimed clean antecedent.

                       6. Learned APP opposed the prayer for grant of bail

          to the petitioner.

                       7. In view of aforesaid factual submissions and by

          taking note of fact, as the allegation qua causing physical

          assault is appearing very much general and omnibus against

          the petitioner, who is a man of clean antecedent, coupled

          with the fact that investigation of this case is already

          completed, accordingly, the petitioner, above-named, is

          directed to be released on bail furnishing bail bond of
           Patna High Court CR. MISC. No.43228 of 2026(2) dt.03-07-2026
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                     Rs.10,000/- (Rupees Ten Thousand) with two sureties of the

                     like amount each to the satisfaction of the learned District

                     and Additional Sessions Judge-XVI, Bhagalpur in connection

                     with Tatarpur P.S. Case No.20 of 2026, subject to the

                     conditions as laid down under Section 437(3) of the Code of

                     Criminal Procedure (for short ‘CrPC’)/under Section 480(3)

                     of the Bhartiya Nagrik Suraksha Sanhita (for short ‘BNSS’).



                                                       (Chandra Shekhar Jha, J.)
    Sanjeet/-

U      T


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