Patna High Court
Subhash Kumar @ Subhash RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The court held that bail should be granted to the petitioner subject to strict conditions.
Summary
The petitioner, Subhash Kumar, was arrested in connection with a case alleging assault with firearms and a sword, charged under several sections of the Bhartiya Nyaya Sanhita, 2023. The prosecution alleged that he, along with others, attacked the informant and Vipul Rai, causing grievous injuries. The petitioner contended that he was falsely implicated, that no specific allegation of assault was made against him, and that the FIR was filed to pressure him to withdraw a separate case he had lodged. The learned counsel argued that the petitioner had already filed an FIR against the informant’s family and that the present charges were an act of intimidation. After hearing both sides, the court granted bail on the condition of a Rs.10,000 bond, two sureties, and several compliance requirements, including regular reporting to the police and non‑tampering with evidence.
Issues considered
- Whether the petitioner is entitled to bail despite the seriousness of the offences under Sections 126(2),115(2),117(2),118(2),109,352,3(5) of the Bhartiya Nyaya Sanhita, 2023.
- Whether the lack of a specific allegation of assault against the petitioner warrants denial of bail.
- Whether the conditions imposed by the court are sufficient to safeguard the trial process.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 115, 117, 118, 126, 3, 352
Subjects
- bail
- criminal procedure
- assault
- false implication
- Bhartiya Nyaya Sanhita
- conditions of bail
- Indian criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4467 of 2026
Arising Out of PS. Case No.-277 Year-2025 Thana- RAGHOPUR District- Vaishali
======================================================
Subhash Kumar @ Subhash Rai, Son of Shamsher Rai, Resident Of Village -
Rampur Shyamchand, P.S. - Raghopur, Dist. - Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shivjee Singh, Advocate
For the Opposite Party/s : Mr.Uday Chand Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in connection with
Raghopur P.S. Case No. 277 of 2025 dated 12.10.2025,
instituted for the offence punishable under Sections 126(2),
115(2), 117(2), 118(2), 109, 352, 3(5) of Bhartiya Nyaya
Sanhita, 2023.
3. The prosecution case, in short, is that on the alleged
date of occurrence, the petitioner along with the other accused
persons assaulted the informant and one Vipul Rai by means of
Bullet, Farsa and sword.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in this
case. Learned counsel for the petitioner submits that there is
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general and omnibus allegation against the petitioner and other
accused persons. There is no specific allegation of assault
against the petitioner. It is further submitted that earlier on
28.05.2024, the petitioner has lodged an F.I.R against the
family members of the informant. However the present F.I.R.
has been lodged on 12.10.2025 after two days of occurrence.
The present F.I.R. has been lodged by the informant just to
pressurize the petitioner to compromise the case filed by the
petitioner. Learned counsel for the petitioner further submits
that though the injury report is said to be grievous in nature, the
petitioner has no concern with the said alleged occurrence.
Lastly, it has been submitted that the petitioner is in custody
since 10.12.2025 having two criminal cases against him which
were lodged by the informant. Charge-sheet has been submitted
in the case.
5. Learned A.P.P. has opposed the prayer for bail of
the petitioner.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, let
the petitioner be released on bail upon furnishing bail bonds of
Rs. 10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of the learned Additional Chief Judicial
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Magistrate-XV, Vaishali at Hajipur in Raghopur P.S. Case No.
277 of 2025, as well as the following conditions:-
1. Petitioner shall co-operate in the trial and shall
be properly represented on each and every date
fixed by the Court and on his absence on two
consecutive dates without sufficient reason, his bail
bond shall be cancelled by the Court below.
2. One of the bailors will be his own blood relation,
preferably father, mother, brother, sister and or his
wife.
3. The bailor shall also state on affidavit that he
will inform the court concerned if the petitioner is
made accused in any other case of similar nature
after his release in the present case and thereafter
the court below will be at liberty to initiate the
proceeding for cancellation of bail on ground of
misuse.
4. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at
liberty to move for cancellation of bail.
5. The petitioner within two weeks after his release
from custody shall appear before the local police
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station along with a copy of this order and
thereafter shall appear in the first week of every
month to mark his attendance till the framing of
charge in the trial court.
(Khatim Reza, J)
premchand/-
U T
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