Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that bail may be granted in view of the petitioner’s clean antecedent and the simple nature of the injury, subject to conditions under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
Petitioner Rahul Kumar sought bail after an FIR alleged that he assaulted Dilip Kumar with a sword, causing a simple injury. The petitioner claimed a clean antecedent and the State opposed bail. The court examined the nature of the injury, the petitioner’s clean record, and the circumstances of the case. Relying on section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the court concluded that bail could be granted provided the petitioner surrendered within eight weeks and posted a bond with sureties. Accordingly, the petitioner was released on bail subject to the stipulated conditions.
Issues considered
- Whether bail should be granted to the petitioner under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 given the nature of the alleged assault and the petitioner’s antecedents?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
Subjects
- bail
- section 482
- Bharatiya Nagarik Suraksha Sanhita
- assault with sword
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7797 of 2026
Arising Out of PS. Case No.-48 Year-2025 Thana- Kharagpur District- Munger
======================================================
Rahul Kumar son of Niranjan Mandal Resident of village- Dularpur
Kharagpur, Haweli Kharagpur, Munger, Po- kharagpur, Ps- Kharagpur, Dist-
Jamui
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rahul Mani , Advocate
For the Opposite Party/s : Mr. Ram Anurag Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 19-02-2026 Heard learned counsel for the petitioner and the
State .
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under sections 191 (2), 191 (3) , 190,
126 ( 2 ), 115 ( 2 ), 115 ( 2 ), 117 ( 2 ), 118 (2), 303 (2), 109 and
352 of BNS.
3 . As per F.I.R, informant alleged, that this petitioner
assaulted one Dilip Kumar by means of sword, due to which he
sustained injury . Doctor has found the injury simple in nature .
Petitioner claims clean antecedent.
4. Learned counsel for the State opposed the bail
petition .
5 . Considering the aforesaid facts, nature of injury ,
Patna High Court CR. MISC. No.7797 of 2026(2) dt.19-02-2026
2/2
clean antecedent of the petitioner and other circumstances of
the case , in the event of arrest or surrender within eight weeks
from today, let the petitioner, as named above, be enlarged on
bail on furnishing bail bond of Rs.10,000/-(ten thousand) with
two sureties of the like amount each to the satisfaction of the
learned ACJM- I Munger in connection with Kharagpur P.S.
Case No. 48 of 2025 , subject to the conditions laid down
under section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita , 2023 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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