Patna High Court
Rakesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court held that bail should be granted to the petitioners with a bond of Rs.10,000 and two sureties, subject to the conditions of Section 482(2) of the BNSS 2023.
Summary
The petitioners, five individuals from Chhatoi village, were arrested in connection with a dispute over a pathway that escalated into a physical altercation, resulting in simple injuries to both parties. An FIR was lodged charging them under sections 126(2), 115(2), 117(2), 110, 303(2), 352 and 3(5) of the BNS Act. The petitioners filed a bail application fearing prolonged detention, while the State opposed the grant of bail. The Court examined the nature of the injuries, the circumstances of the incident, and the statutory provisions governing bail. Considering the relatively minor injuries and the petitioners' willingness to furnish bail with sureties, the Court ordered bail subject to a bond of Rs.10,000 and two sureties of equal amount, under the conditions of Section 482(2) of the BNSS 2023. The bail order was conditioned on surrender within eight weeks and compliance with the learned ACJM‑1, Arwal.
Issues considered
- Whether the petitioners are entitled to bail under Section 482(2) of the BNSS 2023 in view of the offences alleged under sections 126(2), 115(2), 117(2), 110, 303(2), 352 and 3(5) of the BNS Act.
Legislation cited
- BNS — s. 110, 115(2), 117(2), 126(2), 303(2), 3(5), 352
- BNSS, 2023 — s. 482(2)
Subjects
- bail
- criminal procedure
- assault
- BNS Act
- BNSS 2023
- Section 482
- simple injuries
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7779 of 2026
Arising Out of PS. Case No.-98 Year-2025 Thana- Manikpur P.S District- Arwal
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1 . Rakesh Kumar S/O Yamuna Yadav R/O Village- Chhatoi, P.S- Manikapur,
District- Arwal (Bihar).
2. Navin Kumar S/O Yamuna Yadav R/O Village- Chhatoi, P.S- Manikapur,
District- Arwal (Bihar).
3. Siphan Yadav S/O Late Hulas Yadav R/O Village- Chhatoi, P.S- Manikapur,
District- Arwal (Bihar).
4. Nande Yadav S/O Late Hulas Yadav R/O Village- Chhatoi, P.S- Manikapur,
District- Arwal (Bihar).
5. Lali Kumar S/O Siphan Yadav R/O Village- Chhatoi, P.S- Manikapur,
District- Arwal (Bihar).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shiw Kumar Prabhakar , Advocate
For the Opposite Party/s : Mr. Narendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 19-02-2026 Heard learned counsel for the petitioners and
the State .
2. Petitioners apprehend his arrest in a case registered for
the offence punishable under sections 126 (2), 115 (2), 117 (2),
110, 303 (2), 352 and 3 (5) of BNS.
3 . As per F.I.R. due to dispute over pathway , a
simple occurrence of maarpeet took place between both the
parties, in which both sides inflicted injuries on each other. Case
and counter case . Injuries caused by these petitioners are simple
Patna High Court CR. MISC. No.7779 of 2026(2) dt.19-02-2026
2/2
in nature .
4. Learned counsel for the State opposed the bail
petition .
5 . Considering the aforesaid facts, nature of injury
and other circumstances of the case , in the event of arrest or
surrender within eight weeks from today, let the petitioners, as
named above, be enlarged on bail on furnishing bail bond of
Rs.10,000/-(ten thousand) each with two sureties of the like
amount each to the satisfaction of the learned ACJM- 1 st Arwal
in connection with Manikpur P.S. Case No. 98 of 2025 ,
subject to the conditions laid down under section 482 ( 2 ) of
BNSS 2023 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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