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Patna High Court

Raushan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioners, finding insufficient specific evidence of their involvement with a sharp‑edged weapon.

Summary

The petitioners were charged under several sections of the Bihar Negotiable Substances Act, 2023 for allegedly assaulting the brother of an informant with a sharp‑edged weapon. The prosecution alleged that a group of six persons, including the petitioners, attacked the victim with swords, knives and rods, causing head injuries. The petitioners contended that there was no specific evidence linking them to the use of a sharp weapon, as the medical report showed only blunt‑force injuries and no sword wounds, and they claimed false implication. The court noted the absence of direct evidence of sharp‑edged weapon injury, the filing of the chargesheet, and the length of custody, and therefore granted bail. Bail was ordered on a bond of Rs.10,000 with two sureties and conditions under Section 480(3) of the B.N.S.S., including personal surety and appearance requirements.

Issues considered

  • Whether the petitioners are entitled to bail despite being charged with assault involving sharp‑edged weapons
  • Whether the evidence sufficiently links the petitioners to the alleged use of a sword or knife

Legislation cited

Subjects

  • bail
  • assault
  • sharp‑edged weapon
  • criminal miscellaneous petition
  • chargesheet
  • evidence
  • conditions of bail

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.68038 of 2025
                    Arising Out of PS. Case No.-336 Year-2025 Thana- AURANGABAD TOWN District-
                                                       Aurangabad
                 ======================================================
                 Abhishek Kumar Anand @ Tantan @ Tantan Singh @ Abhishek Kumar S/o
                 Shri Ram Singh @ Shree Ram Singh @ Siya Ram Singh, Resident of
                 Kshatriya Nagar, P.S.- Nagar Thana Aurangabad, District- Aurangabad.
                                                                               ... ... Petitioner
                                                   Versus
                 The State of Bihar
                                                                        ... ... Opposite Party
                 ======================================================
                                                       with
                            CRIMINAL MISCELLANEOUS No. 68094 of 2025
                    Arising Out of PS. Case No.-336 Year-2025 Thana- AURANGABAD TOWN District-
                                                       Aurangabad
                 ======================================================
                 Raushan Kumar Son of Late Ram Eqbal Singh, R/o Mohalla - Kashtriya
                 Nagar, P.S. - Nagar Thana Aurangabad, District - Aurangabad.
                                                                               ... ... Petitioner
                                                   Versus
                 The State of Bihar
                                                                        ... ... Opposite Party
                 ======================================================
                 Appearance :
                 (In CRIMINAL MISCELLANEOUS No. 68038 of 2025)
                 For the Petitioner     : Mr. Krishna Pd. Singh, Sr. Advocate
                                          Mr. Saket Kumar Singh, Advocate
                 For the Opposite Party : Mr. Akbar Ali, APP
                 (In CRIMINAL MISCELLANEOUS No. 68094 of 2025)
                 For the Petitioner     : Mr. Krishna Pd. Singh, Sr. Advocate
                                          Mr. Saket Kumar Singh, Advocate
                 For the Opposite Party : Mr. Amitesh Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

3   05-01-2026                    Both the criminal miscellaneous petitions have

                   arisen out of the same police station case number, hence they are

                   being heard together and decided by a common order.

                                  2. Heard learned senior counsel for the petitioners

                   and learned A.P.P. for the State.

                                  3. In the present case, the petitioners seek bail in
Patna High Court CR. MISC. No.68038 of 2025(3) dt.05-01-2026
                                            2/4




          connection with Aurangabad (Town) P.S. Case No. 336 of 2025

          dated 02.06.2025, registered for the offences punishable under

          Sections 109, 191(2), 191(3), 190, 115(2), 126(2) and 118(2) of

          the B.N.S., 2023.

                          4. As per the prosecution case, petitioners and other

          co-accused persons surrounded the brother of the informant and

          assaulted him with sharp edged weapon causing injury on his

          head.

                          5. Learned senior counsel appearing on behalf of

          the petitioner submits that petitioners have falsely been

          implicated in the present case. There is general and omnibus

          allegation of assault against six persons including these

          petitioners by sword, knife and rod etc. It has specifically been

          mentioned that when the brother of the informant tried to run

          away, he was assaulted by five to six accused persons with

          swords. There is no specific allegation of any overt act against

          these petitioners. The injury report of the victims show that the

          injured received two injuries on the head and one injury on right

          little finger, but all the injuries are lacerated wound caused by

          hard and blunt substance. There is no sword injury on the head

          of the victim. No motive has been assigned for the assault.

          Learned senior counsel next submits that petitioner in Cr. Misc.
Patna High Court CR. MISC. No.68038 of 2025(3) dt.05-01-2026
                                            3/4




          No. 68038 of 2025 is having antecedent of one case in which he

          is on bail and petitioner in Cr. Misc. No. 68094 of 2025 is

          having clean antecedent. Learned senior counsel lastly submits

          that petitioner in Cr. Misc. No. 68038 of 2025 is in custody

          since 10.07.2025 and petitioner in Cr. Misc. No. 68094 of 2025

          is in custody since 04.07.2025 and chargesheet has been

          submitted.

                          6. Learned A.P.P. appearing on behalf of the State

          opposes the submissions made on behalf of the petitioners.

                          7. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          absence of injury of sharp edged weapon on the victim and also

          considering the period of custody of the petitioners and

          submission of chargesheet, the petitioners, above-named, are

          directed to be released on bail, on furnishing bail bonds of

          Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties

          of the like amount each to the satisfaction of learned Chief

          Judicial Magistrate, Aurangabad / concerned Court, in

          connection with Aurangabad (Town) P.S. Case No. 336 of

          2025, subject to the condition laid down under Section 480(3) of

          the B.N.S.S. and other following conditions:

                          (i) One of the bailors will be a close relative of the
          Patna High Court CR. MISC. No.68038 of 2025(3) dt.05-01-2026
                                                      4/4




                    petitioners.

                                    (ii) The petitioners will remain present on each and

                    every date fixed by the court below, if so required by the learned

                    trial Court.

                                    (iii) In case of non-appearance of the petitioners

                    on single date or in violation of the terms of the bail, the bail

                    bond of the petitioners will be liable to be cancelled by the

                    Court concerned.


                                                               (Arun Kumar Jha, J)

Shahnawaz/-

U     T


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