Patna High Court
Raj Kumar Bhuiyan @ Raj Kumar ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court grants bail to the petitioner.
Summary
The petitioner, Raj Kumar Bhuiyan, was charged under multiple sections of the Bharatiya Nyaya Sanhita, 2023 for a violent incident on 16 March 2025 involving assault with weapons, damage to property, and an alleged attempt to outrage a woman’s modesty. The prosecution alleged that the accused, armed, entered the informant’s house, assaulted her husband with an axe, and caused injuries. The petitioner contended that he was falsely implicated, that the allegations against him were vague and lacked specific overt acts, and that he had no prior criminal record, having been in custody since 25 May 2025. The State opposed bail, citing the seriousness of the offences. Considering the nature of the injuries, the length of custody, and the petitioner’s claim of false implication, the Court decided to grant bail on condition of a cash bond of Rs. 15,000 and two sureties of the same amount. The bail order was issued by Justice Rudra Prakash Mishra.
Issues considered
- Whether bail should be granted to the petitioner accused of offences under Sections 126(2), 115(2), 118(1), 117(2), 109, 329(2), 324(4)&(5), 74, 303(2), 351(2)&(3), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 117(2), 118(1), 126(2), 303(2), 324(4), 324(5), 329(2), 3(5), 351(2), 351(3), 352, 74
Subjects
- bail
- criminal procedure
- assault with weapon
- false implication
- Bharatiya Nyaya Sanhita
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77103 of 2025
Arising Out of PS. Case No.-33 Year-2025 Thana- Bahera District- Gaya
======================================================
Raj Kumar Bhuiyan @ Raj Kumar Manjhi S/o Anchhu Bhuiyan R/o Village -
Panchratan, Tola Sataimaliya, P.S - Bahera, District - Gaya Jee, State -Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shailesh Kumar Singh, Advocate
For the Opposite Party/s : Mr. Shyam Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 03-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Bahera
P.S. Case No. 33 of 2025 instituted for the offences under
Sections 126(2), 115(2), 118(1), 117(2), 109, 329(2),
324(4)&(5), 74, 303(2), 351(2) &(3), 352, 3(5) of the Bharatiya
Nyaya Sanhita, 2023.
3. Prosecution case, in short, is that on 16.03.2025 at
about 7:30 PM, the accused persons, armed with weapons, came
to the informant’s house, abused her, searched for her husband,
and on his arrival assaulted him, causing head and elbow
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injuries with an axe and other weapons. It is further alleged that
the accused damaged household articles, removed ornaments,
and attempted to outrage the modesty of the informant’s
daughter.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case.
Learned counsel for the petitioner submits that general and
omnibus allegation has been made against the petitioner. No
specific overt act is alleged against the petitioner. The only
specific allegation against the petitioner is of assaulting the
informant’s husband with axe due to which he sustained
injuries. It has been submitted on behalf of the petitioner that the
petitioner is in custody since 25.05.2025 and has no criminal
antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, the nature of injury as also the period of custody
undergone by the petitioner, this Court is inclined to grant bail
to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two
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sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Bahera P.S. Case
No. 33 of 2025.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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