Patna High Court
Saroj @ Saroj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bharatiya Nyaya Sanhita — s. 115(2), 117(2), 126(2), 303(2), 3(5), 351(2), 352
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
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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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