Patna High Court
Abhisek @ Abhisek JayswalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court held that bail must be granted as the allegations are general and the period of custody warrants release on bail.
Summary
The petitioners, Abhisek Jayswal and Bishwjeet Chaudhry, were charged under Sections 190, 191(2), 191(3), 109, 103(1) and 61(2) of the Bharatiya Nyaya Sanhita for allegedly assaulting the father of an informant, which led to the victim’s death. They have been in custody since 7 June 2025 and filed a regular bail application, claiming innocence, clean antecedents and that the allegations are vague and omnibus. The State opposed the bail, arguing the seriousness of the offences. The Court examined the nature of the allegations, the period of custody and the lack of specific evidence against the petitioners. Finding the accusations to be general and the custody period considerable, the Court allowed the bail application. Each petitioner was ordered to furnish a bail bond of Rs.10,000 with two sureties each.
Issues considered
- Whether regular bail should be granted to the accused under the Bharatiya Nyaya Sanhita for offences involving assault leading to death.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 103(1), 109, 190, 191(2), 191(3), 61(2)
Subjects
- bail
- criminal procedure
- assault
- homicide
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61045 of 2025
Arising Out of PS. Case No.-279 Year-2025 Thana- DHAKA District- East Champaran
======================================================
1 . Abhisek @ Abhisek Jayswal S/O Ajay Jayswal @ Ajay Kumar Jaiswal R/O
Village- Phulwariya, P.S.- Dhaka, District- East Champaran, Motihari
2. Bishwjeet Chaudhry S/O Shyamsundar Chaudhry R/O Village- Phulwariya,
P.S.- Dhaka, District- East Champaran, Motihari
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Thakur , Advocate
Mr. Anil Kumar , Advocate
For the Opposite Party/s : Mr. Sunil Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 12-02-2026 Heard learned counsel for the petitioners and
learned A.P.P. for the State .
2. Petitioners seek regular bail for the offences
punishable under Sections 190, 191(2), 191(3), 109, 103(1),
61(2) of the Bharatiya Nyaya Sanhita .
3 . Prosecution case, in brief, is that on 04.06.2025 at
about 8:30 PM, all the F.I.R. named accused persons, including
these petitioners, hurled verbal abuses and assaulted the father
of informant by means of lathi, brick etc. as a result of which,
Patna High Court CR. MISC. No.61045 of 2025(5) dt.12-02-2026
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he died during course of treatment.
4. Learned counsel for the petitioners submits that
Learned counsel for the petitioner submits that petitioners are
innocent and have committed no offence . Allegation of assault
against petitioner is general and omnibus. Doctor has found only
two injuries on the person of deceased. Petitioners claim clean
antecedent. Petitioners are in custody since 07.06.2025 .
5 . Learned A.P.P. for the State opposes the bail
application of the petitioner.
6. Considering the aforesaid facts, general and
omnibus allegation of assault against these petitioners and
circumstances of the case and period of custody , the bail
application is allowed. Let the above named petitioners be
released on bail on furnishing bail-bond of Rs. 10,000/- (ten
thousand) each with two sureties of the like amount each to the
satisfaction of the learned Sub-Divisional Judicial Magistrate ,
Sikrahna, Dhaka, East Champaran in connection with Dhaka P.
S. Case No. 279 of 2025 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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