Patna High Court
Umesh RamversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
Considering the injury to the informant is simple and the petitioner has no prior record, the court held that bail should be granted subject to conditions under Section 482(2) of the BNSS.
Summary
The petitioner, Umesh Ram, was implicated in an alleged knife attack on an informant under Sections 118(1) and 109 of the Bharatiya Nyaya Sanhita. The FIR describes a serious assault, but the petitioner claims innocence, noting that the injury was simple, the parties are co‑villagers, and he has no criminal antecedents. The State opposed bail, while the petitioner’s counsel sought release. The High Court examined the nature of the injury and the petitioner’s clean record and concluded that bail was appropriate. Accordingly, the court ordered the petitioner’s release on bail with a Rs 10,000 bond, two sureties, and specific conditions under Section 482(2) of the BNSS.
Issues considered
- Whether bail should be granted to the petitioner accused of assault under Sections 118(1) and 109 of the BNSS given the nature of the injury.
- Whether the petitioner poses a flight risk or threat to the investigation.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109, 118(1), 482(2)
Subjects
- bail
- assault
- Bharatiya Nyaya Sanhita
- Section 118(1)
- Section 109
- Section 482(2)
- simple injury
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83378 of 2025
Arising Out of PS. Case No.-290 Year-2025 Thana- AKBARPUR District- Nawada
======================================================
Umesh Ram S/O Karu Ram R/O Vill.- Rajpur, Rasalpura, P.S.- Akbarpur,
Dist.- Nawada.
... ... Petitioner/s
Versus
The State Of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar, Advocate
For the Opposite Party/s : Mr. Kalyan Shankar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner apprehends his arrest in
connection with Akbarpur P.S. Case No.290 of 2025 dated
13.06.2025, for the offence punishable under Sections 118(1),
109 of the Bharatiya Nyaya Sanhita.
3. As per the FIR, on 11.06.2025, an altercation
took place between the informant and the petitioner. The
following morning, it is alleged that the petitioner attacked the
informant with a knife with the intent to kill, stabbing him
multiple times and causing serious injuries. Thereafter, the
informant was taken to the hospital by his brother.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has been falsely implicated in the
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present case. It is further submitted that the injury report
appended to the case diary does not corroborate the allegations
levelled against the petitioner. It is also submitted that the
petitioner and the informant are co-villagers. Further, the injury
sustained by the informant is simple in nature. Lastly, it is
submitted that the petitioner has no criminal antecedents.
5. On the other hand, the learned APP for the State
has opposed the prayer for bail of the petitioner.
6. Considering the fact that the injury sustained by
the informant is simple in nature, let the above named petitioner,
be released on bail, in the event of his arrest or surrender before
the learned Court below within a period of six weeks from
today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Judicial Magistrate 1st Class,
Nawada/Successor Court in connection with Akbarpur P.S. Case
No.290 of 2025, subject to the conditions as laid down under
Section 482(2) of the BNSS as well as the following conditions:
(i) One of the bailors should be the family
member/relative of the petitioner(s) who shall provide official
document to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every
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date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of his/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
shikha/-
U T
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