Patna High Court
Rakesh Kumar BindversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- BNS — s. 109(1), 115(2), 117(2), 126(2), 303(3), 329(3), 3(5), 74
- BNSS — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
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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