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Patna High Court

Rahul Kumar @ Bhola Singh @ Bhola Kumar @ RahulversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the petitioner is entitled to bail as the medical evidence does not support the allegation of a knife injury.

Summary

The petitioner, Rahul Kumar, was arrested under an FIR alleging assault with a knife causing chest injury and extortion of Rs.5 lakh, invoking sections of the Bhartiya Nyaya Sanhita. He contended that the medical report showed simple, blunt injuries inconsistent with a sharp-edged weapon and alleged the case was false, stemming from a prior dispute involving the informant’s father. The prosecution acknowledged the medical findings but maintained the allegations. The court examined the medical evidence and found it did not substantiate the claim of a knife injury, rendering the case prima facie weak. Consequently, the court granted bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) CrPC and Section 482(2) BNSS. The bail order was to be complied with within four weeks of the hearing.

Issues considered

  • Whether the medical evidence corroborates the allegation of assault with a sharp-edged weapon.
  • Whether bail can be granted under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita given the nature of the alleged offense and the petitioner’s antecedents.

Legislation cited

Subjects

  • bail
  • assault
  • sharp-edged weapon
  • medical evidence
  • extortion
  • Bhartiya Nyaya Sanhita
  • Criminal Procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.44255 of 2026
                      Arising Out of PS. Case No.-18 Year-2026 Thana- Hariharnath P.S. District- Saran
                 ======================================================
                 Rahul Kumar @ Bhola Singh @ Bhola Kumar @ Rahul, S/o Late Mohan
                 Singh @ Vijay Kumar Singh, R/o Village-Chidiya Bazar, P.S.- Hariharnath,
                 District- Saran
                                                                          ... ... Petitioner
                                                Versus
                 The State of Bihar
                                                                   ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :        Mr. Dhananjay Kumar, Advocate
                                                    Mr. Mani Shankar Mishra, Advocate
                 For the Opposite Party/s :         Mr. Navin Kumar Pandey, APP
                 For the Informant        :         Mr. Niraj Kumar, Advocate
                                                    Mr. Prashant Kumar, Advocate
                 ======================================================
                 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 duly

                   assisted by learned counsel appearing for the informant.

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

                   apprehending his arrest in connection with Hariharnath P.S.

                   Case No.18 of 2026 registered under Sections 126(2),

                   115(2), 109, 351(2) and (3), 352 read with 3(5) of the

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

                                3. As per FIR, petitioner alleged to assault the

                   informant, causing chest injury, where injury was alleged to

                   be caused by using one sharp-edged weapon like knife. The

                   allegation is also to demand extortion of Rs.5 lakhs.
Patna High Court CR. MISC. No.44255 of 2026(2) dt.03-07-2026
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                       4. It is submitted by learned counsel appearing for

          the petitioner that prior to this case, the father of co-accused

          namely, Sanjay Singh was assaulted by informant and others

          and he was badly injured in that case for which Sonpur P.S.

          Case No.979 of 2023 was lodged, where police after

          completion of investigation, submitted closure report/final

          form against informant and others, whereafter, the learned

          jurisdictional Magistrate took cognizance on the basis of

          materials available on record, whereafter as an afterthought,

          present false case was lodged, implicating petitioner, being

          son of the friend of the informant of aforesaid case, with

          present crime in question.

                       5.     Arguing further, it is submitted that upon

          medical examination, the nature of injuries found simple in

          nature. In this connection, it is further argued that the

          doctor opined that the injuries were caused by hard and

          blunt substance, which further falsify the allegation and

          version of the informant, as it was specifically alleged to

          cause injuries, which is a sharp-edged weapon and thus, by

          having all probabilities to cause incised wound. It is also
Patna High Court CR. MISC. No.44255 of 2026(2) dt.03-07-2026
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          submitted that the nature of both injuries is also lacerated

          Explaining criminal antecedent, it is submitted that the

          petitioner found involved in three more criminal cases, where

          after facing trial, he was acquitted in Sonepur P.S. Case

          No.59 of 2023 and, therefore, effectively his criminal

          antecedent is of two cases only, in which he is on bail.

                       6.    Learned APP duly assisted by learned counsel

          appearing for the informant while opposing the prayer of bail

          submitted that the petitioner was specifically alleged to inflict

          knife injuries, which was on thorax and head region.

          However, he fairly conceded that the nature of injuries upon

          medical examination found simple, as submitted aforesaid.

                       7. In view of aforesaid factual submissions and by

          taking note of fact as the nature of injuries upon medical

          examination found simple in nature, which prima facie not

          appears to corroborate as to cause by using sharp-edged

          weapon like knife, as alleged through FIR, accordingly, the

          petitioner, above-named, in the event of his arrest or

          surrender in the court below within a period of four weeks

          from today, is directed to be released on bail on furnishing
         Patna High Court CR. MISC. No.44255 of 2026(2) dt.03-07-2026
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                   bail bond of Rs.10,000/- (Rupees Ten Thousand) with two

                   sureties of the like amount each to the satisfaction of the

                   learned Judicial Magistrate, Saran at Chapra/concerned court

                   in connection with Hariharnath P.S. Case No.18 of 2026,

                   subject to the conditions as laid down under Section 438(2)

                   of the Code of Criminal Procedure (in short ‘CrPC’)/under

                   Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita,

                   2023 (in short ‘BNSS’).


                                                        (Chandra Shekhar Jha, J.)
    Sanjeet/-

U    T


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