Patna High Court
Abhishek Kumar @ Abhishek PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioner subject to bond and surety conditions.
Summary
The petitioner, Abhishek Kumar, was apprehended for arrest in connection with a case registered under multiple sections of the Bihar Negotiable Substances Act, 2023, alleging assault with a sword. The victim’s injury was described as simple. The petitioner sought bail, while the informant opposed the application. The court considered the nature of the allegation and the simple injury and decided to grant bail. The bail was conditioned on a bond of Rs.10,000 with two sureties and subject to Section 482 of the BNSS and Section 438(2) of the CrPC. The order directed release on bail if the petitioner surrenders within six weeks.
Issues considered
- Whether bail should be granted in a case involving assault with a sword under sections 126(2), 118(1), 76, 115(2), 303(2), 117(2), 109(2) and 3(5) of the BNSS, 2023
- Whether the simple nature of the victim’s injury justifies bail
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- assault with sword
- simple injury
- Criminal Procedure Code
- BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81585 of 2025
Arising Out of PS. Case No.-364 Year-2024 Thana- BAIKUNTHPUR District- Gopalganj
======================================================
Abhishek Kumar @ Abhishek Prasad S/o Parmeshwar Prasad R/o Village-
Bistaul, P.S- Baikunthpur, Dist- Gopalganj.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioners : Mr. Javed Aslam, Advocate
For the Opposite Party : Mr. Jai Narain Thakur, APP
For the Informant : Mr. Satyendra Rai, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 13-03-2026 Heard learned counsel for the petitioner, learned
A.P.P. for the State and learned counsel for the informant.
2. The petitioner apprehends arrest in
connection with Baikunthpur P.S. Case No.364 of 2024
registered for the offence under sections 126(2), 118(1), 76,
115(2), 303(2), 117(2), 109(2) and 3(5) of the B.N.S., 2023.
3. The petitioner is said to have assaulted the
victim with sword.
4. Learned counsel for the petitioner submits
that the injury sustained by the victim is simple in nature.
5. Learned counsel for the informant has
vehemently opposed the prayer of the petitioner for grant of
bail.
6. Considering the nature of allegation and
Patna High Court CR. MISC. No.81585 of 2025(3) dt.13-03-2026
2/2
also the fact that the injury sustained by the victim is simple in
nature, this application is allowed.
7. Accordingly, in the event of arrest or
surrender before the Court below within six weeks from today,
the petitioner, above named, be released on bail upon furnishing
bail bonds of Rs.10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of the learned Judicial
Magistrate, 1st Class, Gopalganj / concerned Court below, in
connection with Baikunthpur P.S. Case No.364 of 2024, subject
to the conditions laid down in Section 482 of the BNSS / 438(2)
of the Code of Criminal Procedure, 1973.
(Sandeep Kumar, J)
pawan/-
U T
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