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Patna High Court

Saroj @ Saroj KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court allowed the bail application and ordered the petitioner’s release on bail.

Summary

The petitioner, Saroj Kumar, was arrested in connection with a case registered under multiple sections of the Bharatiya Nyaya Sanhita for allegedly assaulting the informant and his family on the roof of their house. He contended that the incident arose from a trivial quarrel and that the allegations were general, ornamental, and lacked specificity. The petitioner highlighted his clean antecedent and the relatively short period of custody since 18‑12‑2025. The State opposed the bail application, emphasizing the seriousness of the charges. The Court, after considering the nature of the accusations, the petitioner’s clean record, and the custody period, granted regular bail on a bond of Rs.10,000 with two sureties, directing release subject to compliance with the Sub‑Divisional Judicial Magistrate.

Issues considered

  • Whether regular bail should be granted to the petitioner despite the serious nature of the offences alleged under the Bharatiya Nyaya Sanhita.

Legislation cited

Subjects

  • regular bail
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • assault
  • clean antecedent
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6743 of 2026
                       Arising Out of PS. Case No.-206 Year-2025 Thana- OBRA District- Aurangabad
                 ======================================================
                 Saroj @ Saroj Kumar S/O Madho Chaudhary @ Madhav Chaudhary R/O
                 Village-Sadipur Takiya, PS-Obra, Distt-Aurangabad

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ashok Singh, Advocate
                 For the Opposite Party/s :        Mr. Ram Priya Sharan Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   16-02-2026                   Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. Petitioner seeks regular bail in connection with

                   Obra P. S. Case No. 206 of 2025 registered for the offences

                   punishable under Sections 115(2), 126(2), 117(2), 303(2), 352,

                   351(2), 3(5) of the Bharatiya Nyaya Sanhita.

                                3. As per F.I.R., all the named accused persons,

                   including this petitioner, came on the roof of the house of

                   informant and assaulted him and other family members.

                                4. Learned counsel for the petitioner submits that on

                   account of trivial issue, quarrel took place between the parties in

                   which both sides inflicted injuries on each other. Case and

                   counter case. Allegation of assault is general and omnibus and

                   there is no allegation of any specific over act against the
              Patna High Court CR. MISC. No.6743 of 2026(2) dt.16-02-2026
                                                          2/2




                        petitioner. Rest of the allegations are ornamental only to make

                        the case grave. Petitioner claims clean antecedent and is in

                        custody since 18.12.2025.

                                     5. However, learned A.P.P. for the State vehemently

                        opposed the bail application.

                                     6. Considering the nature of accusation, clean

                        antecedent and period of custody, this bail application is

                        allowed. The petitioner, above named, is directed to 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 learned Sub-Divisional Judicial Magistrate, Duadnagar,

                        Aurangabad in connection with Obra P. S. Case No. 206 of

                        2025.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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