Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court held that bail should be granted to the petitioners subject to bond and surety conditions.
Summary
The petitioners, Rahul Kumar, Raghuvar Pandey and Gautam Kumar, sought bail in a case registered under multiple sections of the Bharatiya Nyaya Sanhita alleging they assaulted an informant. The prosecution alleged that the accused abused and injured the informant, while the petitioners contended they were falsely implicated due to a land dispute, highlighted a five‑day delay in filing the FIR and contradictory injury reports, and asserted they had no criminal antecedent. The State opposed the bail application. The Court examined the factual matrix, the delay in the FIR, the alleged falsity of the later injury report, and the petitioners' willingness to cooperate. Relying on Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, the Court ordered that the petitioners be released on bail subject to bond and surety conditions. The order emphasized that bail was appropriate given the circumstances and the petitioners' lack of prior record.
Issues considered
- Whether bail should be granted to the petitioners pending trial under the provisions of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
- Whether the delay in filing the FIR and the alleged falsity of the injury report warrant bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352
Subjects
- bail
- criminal procedure
- preliminary inquiry
- false FIR
- injury report
- land dispute
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77511 of 2025
Arising Out of PS. Case No.-17 Year-2025 Thana- Bariyarpur District- Muzaffarpur
======================================================
1. Rahul Kumar S/o- Navin Kumar Mishra R/v- Kharawna Ps- Sakra Dist-
Muzaffarpur
2. Raghuvar Pandey S/o- Late Ram Sagar Pandey R/v- Adhwara Ps-
Bariyarpur Dist- Muzaffarpur
3. Gautam Kumar @ Gautam Kr. Pandey s/o- Raghuvar Pandey R/v- Adhwara
Ps- Bariyarpur Dist- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nachiketa Jha, Advocate
For the Opposite Party/s : Dr. Ajeet Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered under Sections 126(2), 115(2), 118(1), 303(2), 352,
351(2) and 3(5) of Bharatiya Nyaya Sanhita.
3. As per prosecution case, all the accused persons
including the petitioners abused and assaulted the informant as a
result of which, he sustained injuries.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have falsely been implicated in the
present case due to land dispute. Further submission is that the
F.I.R. has been lodged after a delay of five days without any
plausible reason. The injury report dated 05.04.2025 of the
injured shows simple injury. However, another injury report
dated 31.08.2025 is showing grievous hurt without stating the
Patna High Court CR. MISC. No.77511 of 2025(3) dt.11-02-2026
2/2
injury on the accused. It appears that the injury report dated
31.08.2025 is manufactured and false. He next submits that
petitioner no. 2 is aged about 69 years. Petitioner nos. 1 & 3 are
son-in-law and son of petitioner no. 2 respectively. Petitioners
have no criminal antecedent. They undertake to cooperate in the
investigation and trial.
5. Learned A.P.P. appearing on behalf of the State
opposed the bail application.
6. Having considered the facts and circumstances
of the case and submissions of learned counsel for the parties,
let the above named petitioners be released on bail, in the event
of arrest or surrender before the learned court below within a
period of six weeks from today, on furnishing bail bonds of
Rs.10,000/- (Rupees Ten Thousand) each with two sureties of
the like amount each to the satisfaction of learned Additional
Chief Judicial Magistrate-VIII, Muzaffarpur (East) in
connection with Bariyarpur P.S. Case No. 17 of 2025, subject to
the conditions as laid down under Section 482(2) of the
Bharatiya Nagarik Suraksha Sanhita.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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