Patna High Court
Gulshan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bhartiya Nagrik Suraksha Sanhita — s. 480(3)
- Bhartiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 117(2), 126(2), 189(2), 189(4), 190, 191(3), 303(2)
- Code of Criminal Procedure — s. 437(3)
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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