Patna High Court
Arman @ Raj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
The court held that bail should be granted, subject to bond and conditions, as the offences are bailable and the injury is simple.
Summary
The petitioner, Arman @ Raj Kumar, was charged in a case for assaulting an informant with a lathi, alleged to involve offences under Sections 126(2), 115(2), 352, 351(4), 303(2) and 5 of the B.N.S, 2023. He applied for bail, claiming innocence, lack of criminal antecedents, and that the injury was simple, making the offences bailable. The State opposed the bail. The court examined the nature of the injury, the bailability of the offences, and the petitioner’s clean record, and found no reason to deny bail. Accordingly, the court ordered that the petitioner be released on bail if arrested, subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the B.N.S, 2023. The order also provided for cancellation of bail if criminal antecedents or false statements were discovered.
Issues considered
- Whether the offences alleged are bailable under the B.N.S, 2023
- Whether bail should be granted in view of the simple nature of injury and petitioner’s clean record
- Whether conditions under Section 482(2) of the B.N.S, 2023 are applicable
Legislation cited
- B.N.S., 2023 — s. 115(2), 126(2), 303(2), 351(4), 352, 482(2), 5
Subjects
- bail
- bailable offences
- simple injury
- Section 482(2)
- criminal antecedents
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4805 of 2026
Arising Out of PS. Case No.-686 Year-2025 Thana- JAKKANPUR District- Patna
======================================================
Arman @ Raj Kumar, Son of Bambam Prasad, Resident of Chandrawanshi
Gali Musalahpur Chai Tola, P.S.- Kadamkuan, District- Patna 800004 at
present Purvi Ramkrishna Nagar, P.S.- Ramkrishna Nagar, District- Patna
800027
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Pankaj, Advocate
For the State : Mr. Lalan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail, apprehending his arrest,
in connection with Jakkanpur P.S. Case No. 686 of 2025, dated
02.09.2025, registered for the offences punishable under
Sections 126(2), 115(2), 352, 351(4), 303(2), 5 of the B.N.S,
2023.
3. As per allegation, the Petitioner and the co-accused,
Sanjay have assaulted the Informant by lathi.
4. Learned counsel for the petitioner submits that the
Petitioner is innocent and has falsely been implicated in this
case. He further submits that the alleged injury is simple in
nature. As such, attempt to murder is not applicable against the
Patna High Court CR. MISC. No.4805 of 2026(2) dt.04-02-2026
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Petitioner and the offence made out is bailable.
5. It is also stated in paragraph no. 2 of the bail
petition that the petitioner has not moved this Court earlier
either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the
bail petition that the petitioner has no criminal antecedents.
7. However, learned APP for the State vehemently
opposes the prayer of the Petitioner for bail.
8. Considering the simple nature of injury, this
petition is allowed, directing the petitioner, above-named, to be
enlarged on bail, in the event of his arrest or surrender before
the court below within a period of eight weeks from the date of
receipt / production of a copy of this order, on his furnishing
bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of learned
concerned Court below, in connection with Jakkanpur P.S. Case
No. 686 of 2025, subject to the conditions as laid down under
Section 482 (2) of the B.N.S.S 2023, and on the following
conditions:
(i) In case, it is brought to the notice of the court
below that the petitioner has any criminal antecedents, learned
court below shall cancel the bail bonds of the petitioner after
Patna High Court CR. MISC. No.4805 of 2026(2) dt.04-02-2026
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hearing him and getting satisfied that the petitioner has
concealed his criminal antecedents despite his knowledge of the
same.
(ii) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong,
learned court below shall cancel the bail bonds of the petitioner.
(Jitendra Kumar, J.)
Chandan/-
U T
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