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Patna High Court

Rakesh Kumar BindversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Because the injury to the victim was simple, the court held that bail could be granted under Section 438(2) CrPC and Section 482 of the BNSS.

Summary

Rakesh Kumar Bind applied for bail fearing arrest in Bhabhua P.S. Case No. 810 of 2024, where he is alleged to have assaulted Sundari Devi under several sections of the BNS. The prosecution alleged that the petitioner participated in the assault, while the petitioner claimed innocence and that the injury inflicted was simple. The court examined the nature of the injury and considered whether it justified denial of bail. Finding the injury to be simple, the court concluded that bail could be granted under the provisions of the Code of Criminal Procedure and the BNSS. Accordingly, the petitioner was ordered to be released on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to surrender within four weeks and compliance with Section 438(2) CrPC and Section 482 BNSS.

Issues considered

  • Whether bail should be granted in a case involving alleged assault offences when the injury to the victim is simple in nature
  • Whether the nature of the injury influences the application of Section 438(2) of the Code of Criminal Procedure, 1973 and Section 482 of the BNSS

Legislation cited

Subjects

  • bail
  • simple injury
  • criminal procedure
  • Section 438
  • Section 482
  • assault
  • bail application

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.61116 of 2025
                 Arising Out of PS. Case No.-810 Year-2024 Thana- BHABHUA District- Kaimur (Bhabua)
                 ======================================================
                 Rakesh Kumar Bind S/o Ram Sakhi Bind R/o Village- Bahuara, P.S.- Sonhan,
                 District- Kaimur at Bhabua

                                                                                 ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Uday Pratap Singh
                 For the Opposite Party/s :        Mr.Anant Kumar 1
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

6   20-02-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                   2.         The petitioner apprehends his arrest in

                   connection with Bhabhua P.S. Case No. 810 of 2024 registered

                   for the offence under Sections 329(3), 126(2), 115(2), 117(2),

                   109(1), 303(3), 74, 3(5) of the BNS.

                                   3. As per the prosecution case, the petitioner and

                   others are said to have assaulted the victim.

                                   4. It has been submitted by the learned counsel for

                   the petitioner that the petitioner is innocent and he has falsely

                   been implicated in this case. He further submits that the injury

                   which has been alleged to be caused by the petitioner upon

                   Sundari Devi, is found to be simple in nature.
          Patna High Court CR. MISC. No.61116 of 2025(6) dt.20-02-2026
                                                      2/2




                                    5. Considering the fact that injury caused to the

                    victim Sundari Devi is simple in nature, this application is

                    allowed.

                                     6. Let the petitioner, above named, in the event of

                    his arrest or surrender before the concerned Court below within

                    four weeks from today, be released on bail on furnishing bail

                    bond of Rs. 10,000/- (Ten Thousand) with two sureties of the

                    like amount each to the satisfaction of the satisfaction of learned

                    CJM, Kaimur at Bhabhau/concerned Court below in connection

                    with Bhabhua P.S. Case No. 810 of 2024, subject to the

                    conditions laid down in Section 438(2) of the Code of Criminal

                    Procedure, 1973 / Section 482 of the BNSS.



                                                               (Sandeep Kumar, J)
Vikas/-

U


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