Patna High Court
Raghvendra Kumar Singh @ R.K SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 303(2), 3(5)
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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