Patna High Court
Birendra Kumar @ Birendra RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted bail to the petitioner subject to a bond of Rs 10,000 and specified conditions.
Summary
The petitioner, Birendra Kumar, was arrested in connection with an alleged assault on the uncle of an informant, involving multiple co‑accused and unknown persons, and charged under several sections of the Bharatiya Nyaya Sanhita, 2023. The petitioner claimed the incident arose from a petty grazing dispute and that the assault was a "free fight"; he also highlighted the death of his father and his custody since 24‑11‑2025. The State opposed bail, citing four prior criminal antecedents, though most were under the Excise Act and the petitioner was already on bail in those matters. The Court examined the facts, noting the earlier filing of a case by the petitioner’s side and the nature of the dispute, and decided that bail was appropriate. Accordingly, the Court ordered the petitioner’s release on a bail bond of Rs 10,000 with two sureties and imposed conditions regarding surety relations and court attendance.
Issues considered
- Whether bail should be granted in a case involving offences under Sections 126(2), 115(2), 117(2), 118(1), 109, 303(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
- Whether the petitioner’s prior criminal antecedents under the Excise Act affect his eligibility for bail.
- Whether the circumstances of a "free fight" and the earlier filing of a case by the petitioner justify bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 117(2), 118(1), 126(2), 303(2), 3(5)
- Excise Act
Subjects
- bail
- criminal procedure
- assault
- grievous hurt
- prior convictions
- Bharatiya Nyaya Sanhita
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6918 of 2026
Arising Out of PS. Case No.-671 Year-2025 Thana- BIDUPUR District- Vaishali
======================================================
Birendra Kumar @ Birendra Rai Son of Ray Saheb Singh @ Ray Saheb Ray
Resident of Village- Rahimapur, P.S.- Biddupur, District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate
For the Opposite Party/s : Mr. Pramod Kumar Pandey, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 23-02-2026 This case has been listed on the mentioning slip filed
by learned counsel for the petitioner on the ground that the
father of the petitioner has died.
2. Heard learned counsel for the petitioner and learned
APP for the State.
3. The petitioner seeks bail in a case registered for
the offence punishable under Sections 126(2), 115 (2), 117(2),
118(1), 109, 303(2) and 3(5) of the Bharatiya Nyaya Sanhita,
2023.
4. As per the prosecution case, the petitioner in
association with other co-accused and 10-12 unknown persons
are said to have brutally assaulted the uncle of the informant.
5. It is submitted by learned counsel for the
petitioner that due to petty dispute of grazing the buffalo the
Patna High Court CR. MISC. No.6918 of 2026(3) dt.23-02-2026
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dispute took place between the parties and the allegation is
made upon the five accused persons along with 10-12 unknown
persons that they indiscriminately assaulted by various weapons.
So far as the petitioner is concerned, there is an allegation that
he along with another co-accused assaulted by means of spade
on the head of the informant causing serious injury to him. The
injury report, which is Annexure-2, indicates that there is no
midline displacement, hemorrhage etc. on the head, rather a
fracture is noted on tip of bilateral nasal bone, which is opined
to be grievous in nature. Further, it has been submitted that there
was a free fight between the parties and Biddupur P.S. Case
No.569 of 2025 has been lodged with specific allegation against
the informant by the brother of the petitioner. The petitioner has
been languishing in custody since 24.11.2025 and chargesheet
has been submitted.
6. Learned APP for the State opposed the bail
petition on the ground that the petitioner has four criminal
antecedents. However, in response, it is submitted that except
one all are under the provisions of Excise Act and the petitioner
is on bail in all the cases.
7. Taking into consideration the facts and
circumstances of the case and also considering the fact that there
Patna High Court CR. MISC. No.6918 of 2026(3) dt.23-02-2026
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was free fight between the parties and the case lodged by the
petitioner’s side is earlier in point of time, the above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties
of the like amount each to the satisfaction of the learned Court
below where the case is pending/successor Court in connection
with Biddupur P.S. Case No.671 of 2025, subject to the
conditions that :
(i) One of the bailors will be his own blood relative,
preferably, father, mother, brother, sister and/or his wife.
(ii) The petitioner shall remain physically present in
court on each and every date during trial and in the event of
failure on two consecutive dates without sufficient reasons, his
bail bonds shall be liable to be cancelled by the learned court
concerned.
(Soni Shrivastava, J)
Trivedi/-
U T
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