Patna High Court
Rajendra SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted bail to all petitioners, finding no prima facie case to deny it.
Summary
Five individuals were arrested in connection with a land dispute alleged to have involved assault using lathis and rods, causing bodily injuries. The prosecution charged them under Sections 191(2), 191(3), 115(2) and 109 of the BNS, 2023, alleging that the injuries could likely cause death. The defence argued that the allegations were vague, the injuries were simple, and there was no prima facie intention to cause death, especially for four of the accused who have clean records. The court noted the general nature of the accusations and the medical report confirming only simple injuries, and therefore found no justification to deny bail. Consequently, the court ordered the release of all five petitioners on bail of Rs.10,000 each with two sureties, subject to conditions under Section 482(2) of the BNSS.
Issues considered
- Whether the nature of the alleged assault and the simple injuries justify denial of bail.
- Whether the allegations under Sections 191(2), 191(3), 115(2) and 109 of BNS, 2023 establish a prima facie case for denial of bail.
Subjects
- bail
- assault
- land dispute
- simple injuries
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78480 of 2025
Arising Out of PS. Case No.-273 Year-2025 Thana- AKHODHIGOLA District- Rohtas
======================================================
1. Rajendra Singh S/o Late Jhagru Singh @ Late Jhagadu Singh R/o Village-
Supabigha, PS- Akorhigola, Dist- Rohtas.
2. Lallan Singh S/o Late Ramdeo Singh R/o Village- Supabigha, PS-
Akorhigola, Dist- Rohtas.
3. Vijendra Singh @ Bijendra Kumar @ Vijendra Kumar S/o Rambali Singh
R/o vill - Jaynagar, P.S.- Akorhigola, Distt.- Rohtas.
4. Ram Dayal Mahto @ Surendra Singh S/o Late Bishun Mahto R/o vill -
Gobardhanpur, P.S.- Akorhigola, Distt.- Rohtas.
5. Hemant Singh @ Hemant Kumar S/o Ram Bachan Singh R/o village - Jay
Nagar, P.S.- Akorhigola, Distt.- Rohtas.
... ... Petitioner/s
Versus
The State of Bihar.
.. ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Babu Nandan Prasad, Advocate
For the Opposite Party/s : Mr.Mithlesh Kumar Khare, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
4 20-02-2026 Heard learned counsel appearing on behalf
of the petitioners and learned Additional Public
Prosecutor appearing on behalf of the State.
2. The accused/petitioners apprehending their
arrest in connection with Akorhigola P.S. Case No. 273
of 2025 registered for the offences punishable under
Sections 191(2), 191(3), 115(2), 109 of BNS, 2023.
3. The allegation against the petitioners is to
assault informant and others by using lathi, rod, farsa
etc. and causing such head and bodily injuries, which
may likely to cause death of the injured. The
Patna High Court CR. MISC. No.78480 of 2025(4) dt.20-02-2026
2/3
occurrence alleged to be arising out of land dispute.
4. It is submitted by learned counsel
appearing on behalf of the petitioners that occurrence
took place due to land dispute. It is further submitted
that the allegation qua physical assault is appearing
very much general and omnibus against petitioners
except petitioner no. 4, namely, Ram Dayal Mahto,
who alleged to assault injured Ram Sakal Mahto but
upon medical examination of said injured, the nature of
injury was found simple in nature, negating prima facie
intention to cause death. Explaining criminal
antecedent, it is submitted that petitioner nos. 1 and 3
found involved in one more criminal case, where they
are on bail whereas petitioner nos. 2, 4 and 5 are of
clean antecedents.
5. Learned APP opposed the prayer of bail.
6. In view of aforesaid factual submissions and
by taking note of fact as allegation qua physical
assault appears very much general and omnibus
against petitioners, coupled with the fact that nature of
injuries upon medical examination also found simple in
nature, accordingly, all five above named petitioners,
in the event of their arrest or surrender before the
learned trial Court, within a period of four weeks of the
Patna High Court CR. MISC. No.78480 of 2025(4) dt.20-02-2026
3/3
order, is directed to be released on bail furnishing bail
bond of Rs. 10,000/- (Rupees Ten Thousand) each with
two sureties of the like amount each to the satisfaction
of the learned S.D.J.M., Dehri, Rohtas/concerned Court,
where the case is pending in connection with
Akorhigola P.S. Case No. 273 of 2025 subject to the
conditions as laid down under Section 482(2) of the
BNSS.
(Chandra Shekhar Jha, J)
veena/-
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