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Patna High Court

Raghvendra Kumar Singh @ R.K SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioners.

Summary

The petitioners, Raghvendra Kumar Singh and Santosh Singh, were arrested in connection with a September 2025 incident where an informant was allegedly assaulted with a knife over a parking dispute. They sought bail, claiming no prior criminal record, a one‑day delay in filing the FIR, and that the injury was simple with a case‑and‑counter‑case between the parties. The State opposed bail, citing the seriousness of the offences under the Bharatiya Nyaya Sanhita, 2023. The court noted that a charge sheet had been filed, the custody period was short, and the circumstances suggested a mutual dispute rather than a grave crime. Consequently, the court granted bail on the condition of a Rs.15,000 bond with sureties for each petitioner.

Issues considered

  • Whether bail should be granted to the accused under Sections 126(2), 115(2), 109, 303(2) & 3(5) of the Bharatiya Nyaya Sanhita, 2023 considering the nature of the offence, delay in FIR, and lack of antecedents.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • assault with knife
  • case and counter case
  • no antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.77675 of 2025
                       Arising Out of PS. Case No.-235 Year-2025 Thana- DAUDPUR District- Saran
                 ======================================================
           1.     Raghvendra Kumar Singh @ R.K Singh S/o Santosh Singh R/o vill -
                  Dumduma, P.s.- Daudpur, Distt.- Saran at Present R/o vill - Daudpur Bazar,
                  P.s.- Daudpur, Distt.-Saran
           2.    Santosh Singh S/o Shatrughan Singh R/o vill - Dumduma, P.s.- Daudpur,
                 Distt.- Saran at Present R/o vill - Daudpur Bazar, P.s.- Daudpur, Distt.-Saran

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Ayush Kumar S/o Shashikant Singh R/o vill- Dumduma, P.s.- Daudpur,
                 Distt.- Saran

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Digvijay Kumar Ojha, Advocate
                 For the Opposite Party/s :       Mr. Chandra Bhushan Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   03-02-2026              Heard learned counsel for the petitioners and learned

                   APP for the State. Perused the case diary.

                            2.     The petitioners seek bail in connection with

                   Daudpur P.S. Case No. 235 of 2025 instituted for the offence

                   under Sections 126(2), 115(2), 109, 303(2) & 3(5) of the

                   Bharatiya Nyaya Sanhita, 2023.

                            3.     Prosecution case, in brief, is that on 02.09.2025 at

                   about 03:45 PM near a Medical Hall, the informant was abused

                   over a parking dispute by accused Santosh Singh (petitioner

                   No.2) and Raghvendra Kumar Singh @ R.K. Singh (petitioner
Patna High Court CR. MISC. No.77675 of 2025(3) dt.03-02-2026
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          No.1), whereupon on the instigation of Santosh Singh

          (petitioner No.2), Raghvendra Kumar Singh @ Raghav Singh

          (petitioner No.1) assaulted him with a knife causing injury on

          his chest.

                   4.     It has been submitted on behalf of the petitioners

          that the petitioners are in custody since 04.09.2025. Petitioners

          bear no criminal antecedent, as per disclosure made in

          paragraph No. 3 of the bail application.

                   5.     It has been further submitted by the petitioners’

          counsel that petitioners have been falsely implicated in the

          present case. There is delay of one day in lodging the FIR.

          Parties are agnates. Injury of the injured is found to be simple in

          nature. There is case and counter case between the parties.

          Charge sheet has already been submitted in this case.

                   6.     Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioners.

                   7.     Considering the aforesaid facts and circumstances

          of the case, period of custody of the petitioners, there being case

          and counter case between the parties and charge sheet being

          submitted, this Court is inclined to grant bail to the petitioners.

                   8.     Let the petitioners be released on bail on furnishing

          bail bonds of Rs. 15,000/- (Fifteeen Thousand) each with two
           Patna High Court CR. MISC. No.77675 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 Daudpur P.S. Case

                     No. 235 of 2025.



                                                                 (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T


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