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Patna High Court

Raj Kumar Bhuiyan @ Raj Kumar ManjhiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.77103 of 2025(3) dt.03-02-2026
                                            2/3




          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
           Patna High Court CR. MISC. No.77103 of 2025(3) dt.03-02-2026
                                                       3/3




                     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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