Patna High Court
Rahul Kumar @ Bhola Singh @ Bhola Kumar @ RahulversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bhartiya Nagrik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyaya Sanhita — s. 109, 115(2), 126(2), 3(5), 351(2), 351(3), 352
- Code of Criminal Procedure — s. 438(2)
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.
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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
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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
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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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